-1- ANNOUNCEMENTS Colorado Court of Appeals February 6, 2014

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1 -1- COLORADO COURT OF APPEALS FEBRUARY 6, 2014 Slip opinions are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 08CA1738 Douglas County District Court No. 05DR342 Honorable Angela R. Arkin, Judge In re the Marriage of Loretta L. Johnson, Appellee, and David A. Johnson, Appellant. ORDERS VACATED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Furman and Dunn, JJ., concur

2 -2- Court of Appeals No. 09CA2146 Adams County District Court No. 08CR2562 Honorable Chris Melonakis, Judge Eddie Deshawn Harper, Division II Opinion by JUDGE CASEBOLT Terry and Ashby, JJ., concur Court of Appeals No. 09CA2779 El Paso County District Court No. 07CR4470 Honorable Larry Edward Schwartz, Judge Matthew Eugene Labonte, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE DUNN Taubman and Furman, JJ., concur

3 -3- Court of Appeals No. 10CA1350 City and County of Denver District Court No. 09CR1162 Honorable Shelley I. Gilman, Judge Daniel Jesse Roybal, Division I Opinion by JUDGE DUNN Taubman and Furman, JJ., concur Court of Appeals No. 10CA1947 Adams County District Court No. 09CR1435 Honorable Chris Melonakis, Judge Eric Joseph Boney, Division V Opinion by JUDGE GRAHAM Bernard and Nieto, JJ., concur

4 -4- Court of Appeals No. 10CA2248 City and County of Denver District Court No. 09CR3459 Honorable Kenneth M. Laff, Judge John Arthur Allen, Division II Opinion by JUDGE CASEBOLT Richman and Ashby, JJ., concur Court of Appeals No. 10CA2439 Weld County District Court No. 05CR2394 Honorable Marcelo A. Kopcow, Judge Johnny Rodriguez, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE NEY* Graham and Kapelke*, JJ., concur

5 -5- Court of Appeals No. 11CA1076 El Paso County District Court No. 10CR2598 Honorable David A. Gilbert, Judge Daniel Lopez, Division V Opinion by JUDGE GRAHAM Bernard and Nieto*, JJ., concur Court of Appeals No. 11CA1519 Jefferson County District Court No. 10CR1334 Honorable Margie L. Enquist, Judge John Fernando Sanchez, Division V Opinion by JUDGE BERNARD Graham and Nieto*, JJ., concur

6 -6- Court of Appeals No. 11CA1556 Douglas County District Court No. 09CR674 Honorable Donald W. Marshall, Judge Kraig Allen Massey, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE ROMÁN Webb and Booras, JJ., concur Court of Appeals No. 11CA2324 Larimer County District Court No. 07CR1912 Honorable Stephen E. Howard, Judge Stephen Accomando, ORDERS AFFIRMED Division V Opinion by JUDGE NIETO* Graham and Bernard, JJ., concur

7 -7- Court of Appeals No. 12CA0627 Larimer County District Court No. 11CR772 Honorable Gregory M. Lammons, Judge Terance Dejuan Wilson, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE BOORAS Webb and Román, JJ., concur Court of Appeals No. 12CA0984 Douglas County District Court No. 09CR671 Honorable Vincent R. White, Judge Kory Adam Massey, Division IV Opinion by JUDGE ROMÁN Webb and Booras, JJ., concur

8 -8- Court of Appeals No. 12CA0986 Weld County District Court No. 06CR1813 Honorable Harlan R. Bockman, Judge Jorge Mauricio Zamora, Division III Opinion by JUDGE RICHMAN Casebolt and Ashby, JJ., concur Court of Appeals No. 12CA1044 Arapahoe County District Court No. 00CR1529 Honorable Harlan R. Bockman, Judge Wayne Wheels, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

9 -9- Court of Appeals No. 12CA1374 Arapahoe County District Court No. 10CR1927 Honorable Elizabeth A. Weishaupl, Judge Christopher Lee Carter, ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Casebolt and Richman, JJ., concur Court of Appeals No. 12CA2250 Board of Assessment Appeals Nos & Quebec Village Partners, Petitioner-Appellee, Arapahoe County Board of Equalization, Respondent-Appellant, and Board of Assessment Appeals, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE FURMAN Taubman and Dunn, JJ., concur

10 -10- Court of Appeals No. 12CA2355 Eagle County District Court No. 12CV854 Honorable Frederick W. Gannett, Judge Spring Park Ventures, LLC, a Colorado limited liability company, Spring Park Meadows Association, a Colorado nonprofit corporation, RULING APPROVED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE NIETO* Graham and Bernard, JJ., concur Court of Appeals No. 12CA2579 Board of Assessment Appeals Nos & OBK Aurora LLC, Petitioner-Appellee, Arapahoe County Board of Equalization, Respondent-Appellant, and Board of Assessment Appeals, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE FURMAN Taubman and Dunn, JJ., concur

11 -11- Court of Appeals No. 12CA2580 Board of Assessment Appeals Nos & Meadowbrook Falls LP, Petitioner-Appellee, Arapahoe County Board of Equalization, Respondent-Appellant, and Board of Assessment Appeals, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE FURMAN Taubman and Dunn, JJ., concur Court of Appeals No. 13CA0004 City and County of Denver District Court No. 12CV2234 Honorable Herbert L. Stern, III, Judge Phil Garcia, Plaintiff-Appellant, Viking Insurance Company of Wisconsin, d/b/a Sentry Insurance, Defendant-Appellee. Division A Opinion by CHIEF JUDGE LOEB Plank* and Nieto*, JJ., concur

12 -12- Court of Appeals No. 13CA0164 Mineral County District Court Nos. 12CV2 & 12DR585 Honorable Martin A. Gonzales, Judge Cynthia Youmans, as Personal Representative of the Estate of Cynthia A. Neely, f/k/a Cynthia A. Dickerson, Plaintiff-Appellant and Cross-Appellee, Chester H. Nash, as Personal Representative of the Estate of Lawrence Allen Dickerson, Defendant-Appellee and Cross-Appellant. ORDER AFFIRMED Division II Opinion by JUDGE RICHMAN Casebolt and Ashby, JJ., concur Court of Appeals No. 13CA0310 Industrial Claim Appeals Office of the State of Colorado DD No Prescott Group, LLC, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Meghan S. Buchanan, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE RICHMAN Casebolt and Ashby, JJ., concur

13 -13- Court of Appeals No. 13CA0415 Jefferson County District Court No. 12CV3332 Honorable Dennis Hall, Judge Joseph J. Canfora; Merit Cripple Creek, LLC; and Merit Management LP, Plaintiffs-Appellants John A. Schaffer, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Richman and Ashby, JJ., concur Court of Appeals No. 13CA0423 Custer County District Court No. 11CV29 Honorable Robert Freeman, Magistrate Nancy Shaydak, Plaintiff-Appellant, Lighthouse Helpline and Pregnancy Center, a nonprofit organization, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Román and Booras, JJ., concur

14 -14- Court of Appeals No. 13CA0516 Industrial Claim Appeals Office of the State of Colorado DD No JBWSK, Inc., d/b/a Weaver Electric, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance of the State of Colorado, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE BERNARD Graham and Nieto*, JJ., concur Court of Appeals No. 13CA0830 City and County of Denver District Court No. 07CR10233 Honorable John W. Madden, IV, Judge Julian R. Garcia-Gutierrez, ORDER AFFIRMED Division V Opinion by JUDGE ROY* Loeb, C.J., and Sternberg*, J., concur

15 -15- Court of Appeals No. 13CA1532 Adams County District Court No. 07CR2195 Honorable Mark D. Warner, Judge Plaintiff-Appellant, Theodore Ramone Herrera, Defendant-Appellee. ORDER AFFIRMED Division VII Opinion by JUDGE FOX J. Jones and Navarro, JJ., concur

16 -16- P E T I T I O N S F O R R E H E A R I N G Court of Appeals No. 11CA2175 City and County of Denver District Court No. 10CV2155 Honorable Sheila A. Rappaport, Judge Bank of America, National Association, as Successor by Merger to Lasalle Bank NA as Trustee for Washington Mutual Mortgage Pass-Through Certificates Wmalt Series 2007-OC2 Trust, Plaintiff-Appellant, Beauvallon Condominium Association, Inc.; Bill Hoff; John Dagostino; Leaf LLC; Keystone East LLC; and Sheriff of Denver County-Alvin Lacabe, Jr. Defendants-Appellees. Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA1683 Oloyea D. Wallin, Plaintiff-Appellant, Henry Williams; Toomey; Benevidez; Fazzino; Mary Ann Aldrich; John and Jane Doe of the Colorado Department of Corrections and Colorado Territorial Correctional Facility; and Executive Director of the Colorado Department of Corrections, Defendants-Appellees. Petition for Rehearing DENIED

17 -17- Court of Appeals No. 12CA2285 Nordic Land Company, Plaintiff-Appellant, Eagle County Assessor and Eagle County Board of Equalization, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 13CA0203 John H. James, Plaintiff-Appellant, Director of the Colorado Department of Corrections; Warden of the CCF South Correctional Facility; Susan Jones; Associate Warden Sean Foster; Captain Lisac; Lieutenant Angela Tidemann; Lieutenant Pratt; Lieutenant Kirk, Sergeant Pacino; and Dennis Burbank, Defendants-Appellees. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S