¶1 For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed as to the appealable issue of right, and judgment entered upon defendant’s conviction for first-degree rape of a child in case number 11 CRS 55728 is reinstated. The remaining issues addressed by the Court of Appeals are not before this Court and that court’s decision as to these matters remains undisturbed.
¶2 REVERSED.