-1- ANNOUNCEMENTS Colorado Court of Appeals July 26, 2018

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1 -1- COLORADO COURT OF APPEALS 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. P U B L I S H E D O P I N I O N S 2018COA101 Court of Appeals No. 15CA0127 Gilpin County District Court No. 14CR59 Honorable Philip J. McNulty, Judge Colleen Marie Loris, SENTENCE AFFIRMED Division V Opinion by JUDGE ROMÁN Furman and Lichtenstein, JJ., concur

2 COA102 Court of Appeals No. 15CA0528 La Plata County District Court No. 14CR124 Honorable William L. Herringer, Judge Michael Christane Murray, JUDGMENT AFFIRMED Division VII Opinion by JUDGE J. JONES Ashby and Harris, JJ., concur 2018COA103 Court of Appeals No. 15CA0633 El Paso County District Court No. 14CR1803 Honorable David S. Prince, Judge Laron Antonio Donald, JUDGMENT AFFIRMED IN PART AND VACATED IN PART Division II Opinion by JUDGE WELLING Dailey and Hawthorne, JJ., concur

3 COA104 Court of Appeals No. 15CA1811 Adams County District Court No. 13CR2650 Honorable Craig R. Welling, Judge Gerald Adrian Yeadon, JUDGMENT AND SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Fox and Ashby, JJ., concur 2018COA105 Court of Appeals No. 16CA1963 El Paso County District Court No. 16CR1229 Honorable Jann P. DuBois, Judge Plaintiff-Appellant, Floyd Joseph Senette, Defendant-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE WELLING Dailey and Hawthorne, JJ., concur

4 COA106 Court of Appeals No. 16CA2011 City and County of Denver District Court No. 15CV30902 Honorable Morris B. Hoffman, Judge Honorable Jay S. Grant, Judge John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 5, John Doe 6, John Doe 7, John Doe 8, and John Doe 9, Petitioners-Appellees and Cross-Appellants, Colorado Department of Public Health and Environment; Larry Wolk, in his official capacity as Executive Director of the Department of Public Health and Environment; and Natalie Riggins, in her official capacity as State Registrar and Director of the Medical Marijuana Registry, Respondents-Appellants, and Colorado Medical Board, Cross-Appellee. JUDGMENT AFFIRMED IN PART AND REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Davidson* and Nieto*, JJ., concur

5 COA107 Court of Appeals No. 17CA0744 Gunnison County District Court No. 16CV30071 Honorable James S. Patrick, Judge Prospect Development Company, Inc., Plaintiff-Appellant, Holland & Knight, LLP, Defendant-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Furman and Fox, JJ., concur 2018COA108 Court of Appeals No. 17CA0939 Board of Assessment Appeals Case Nos & Twilight Ridge, LLC, Petitioner-Appellant, Board of County Commissioners of La Plata County, Colorado; and Board of Equalization of La Plata County, Colorado, Respondents-Appellees, and Board of Assessment Appeals, Appellee. ORDERS AFFIRMED Division VI Opinion by JUDGE VOGT* Terry and Navarro, JJ., concur

6 COA109 Court of Appeals No. 17CA1230 Montezuma County District Court No. 17CV8 Honorable Todd J. Plewe, Judge Gregory Boudette, Plaintiff-Appellant, State of Colorado, Defendant-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Fox and Ashby, JJ., concur

7 -7- P U B L I C C I T A T I O N C O R R E C T I O N 2018COA100 Court of Appeals Nos. 14CA2099 & 14CA2463 Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWG- GV, LLC, as receiver for 7677 East Berry Avenue Associates, LP, its declarant, Plaintiff-Appellee and Cross-Appellant, UMB Bank, N.A.; Colorado Bondshares, a tax exempt fund; and Marin Metropolitan District, a Colorado special district, Defendants-Appellants and Cross-Appellees. Announced May 31, 2018 This case is now being assigned a new public citation number. The new public citation number is 2018COA100. This case had been assigned public citation number 2018COA75, which was already in use on case number 17CA1534.

8 -8- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 15CA1741 Jefferson County District Court No. 14CR368 Honorable Philip J. McNulty, Judge Daniel Byron Onodera, JUDGMENT AFFIRMED Division III Opinion by JUDGE FOX Webb and Nieto*, JJ., concur Court of Appeals No. 16CA0270 Mesa County District Court No. 10CR1279 Honorable Valerie J. Robison, Judge Juan Manuel Martinez, JUDGMENT AND SENTENCE AFFIRMED Division VI Opinion by JUDGE CASEBOLT* Terry and Navarro, JJ., concur

9 -9- Court of Appeals No. 16CA0725 El Paso County District Court No. 14CR5558 Honorable Larry E. Schwartz, Judge Deshauna Marie Drummond, JUDGMENT AFFIRMED Division IV Opinion by JUDGE DAVIDSON* Kapelke*, J., concurs Berger, J., specially concurs Court of Appeals No. 16CA1260 El Paso County District Court No. 15CR1651 Honorable Jann P. DuBois, Judge Sean Michael Lawson, JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Navarro and Davidson*, JJ., concur

10 -10- Court of Appeals No. 16CA1263 El Paso County District Court No. 07CR366 Honorable David S. Prince, Judge Lessell Henry Moore, ORDER AFFIRMED Division VI Opinion by JUDGE NAVARRO Terry and Casebolt*, JJ., concur Court of Appeals No. 16CA1307 Adams County District Court No. 15CR1138 Honorable Robert W. Kiesnowski, Judge Benjamin James Sandoval, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Berger and Miller*, JJ., concur

11 -11- Court of Appeals No. 16CA1661 City and County of Denver District Court No. 07CR1515 Honorable Sheila A. Rappaport, Judge Tony M. Singleton, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Furman and Lichtenstein, JJ., concur Court of Appeals No. 16CA1800 Pueblo County District Court No. 14CR2166 Honorable Thomas B. Flesher, Judge RaJohn Ledbetter-Fuller, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Welling and Casebolt*, JJ., concur

12 -12- Court of Appeals No. 16CA2111 Mesa County District Court No. 99CR1111 Honorable Brian J. Flynn, Judge Mark Lee Wilkinson, ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Dunn and Tow, JJ., concur Court of Appeals No. 16CA2181 Boulder County District Court No. 15CR1814 Honorable Bruce A. Langer, Judge Deanna Marie Trujillo, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NIETO* Webb and Fox, JJ., concur

13 -13- Court of Appeals No. 16CA2199 Jefferson County District Court No. 15CR3522 Honorable Margie L. Enquist, Judge Honorable Tamara Russell, Judge Patrick Allen Kennedy, JUDGMENT AFFIRMED Division III Opinion by JUDGE VOGT* Webb and Fox, JJ., concur Court of Appeals No. 16CA2252 Douglas County District Court No. 15DR127 Honorable Michael J. Spear, Judge In re the Marriage of Jon David Hanchett, Appellee, and Summerlee Hanchett, Appellant. APPEAL DISMISSED Division V Opinion by JUDGE ROMÁN Furman and Lichtenstein, JJ., concur

14 -14- Court of Appeals No. 17CA0117 City and County of Denver District Court No. 13CR401 Honorable Edward D. Bronfin, Judge Jade A. Visser, ORDER AFFIRMED Division I Opinion by JUDGE CASEBOLT* Taubman and Welling, JJ., concur Court of Appeals No. 17CA0188 Mesa County District Court No. 16CR108 Honorable Richard T. Gurley, Judge Donald Shane Quint, ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE LOEB Nieto* and Carparelli*, JJ., concur

15 -15- Court of Appeals No. 17CA0491 Boulder County District Court No. 13CR1678 Honorable Judith L. Labuda, Judge Bradford Wayne Snedeker, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE NAVARRO Terry and Davidson*, JJ., concur Court of Appeals No. 17CA0562 City and County of Broomfield District Court No. 11PR86 Honorable Mark D. Warner, Judge Lonny W. Dawson Trust, by and through its Trustee, Barry S. Korman, Petitioner-Appellant, Gabriel N. Schwartz, former Trustee, Respondent-Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE LICHTENSTEIN Román and Furman, JJ., concur

16 -16- Court of Appeals No. 17CA0591 Adams County District Court No. 93CR1593 Honorable Ted C. Tow, Judge Gene Anthony Allen, ORDER AFFIRMED Division IV Opinion by JUDGE NIETO* Loeb, C.J., and Carparelli*, J., concur Court of Appeals No. 17CA0614 El Paso County District Court No. 03DR4303 Honorable David L. Shakes, Judge In re the Marriage of Melek Alexander, Appellee, and Clay Alexander, Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Furman and Lichtenstein, JJ., concur

17 -17- Court of Appeals No. 17CA0738 Jefferson County District Court No. 12CR407 Honorable Dennis J. Hall, Judge James Michael Andrews, ORDER AFFIRMED Division VI Opinion by JUDGE NAVARRO Terry and Casebolt*, JJ., concur

18 -18- Court of Appeals No. 17CA0935 Board of Assessment Appeals Case Nos & Michael Awe and Robin Awe, Petitioners-Appellants, Board of County Commissioners of La Plata County, Colorado; Board of Equalization of La Plata County, Colorado, Respondents-Appellees, and Board of Assessment Appeals, Appellee. ORDERS AFFIRMED Division VI Opinion by JUDGE TERRY Navarro and Vogt*, JJ., concur

19 -19- Court of Appeals No. 17CA0936 Board of Assessment Appeals Case Nos & Charlene Dimacali, Petitioner-Appellant, Board of County Commissioners of La Plata County, Colorado; Board of Equalization of La Plata County, Colorado, Respondents-Appellees, and Board of Assessment Appeals, Appellee. ORDERS AFFIRMED Division VI Opinion by JUDGE NAVARRO Terry and Vogt*, JJ., concur

20 -20- Court of Appeals No. 17CA1081 El Paso County District Court No. 12DR191 Honorable Deborah J. Grohs, Judge In re the Marriage of Katherine Kay Brandon, Appellee, and Gregg Lewis Brandon, Appellant. ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Fox, J., concurs Vogt*, J., dissents Court of Appeals No. 17CA1440 Larimer County District Court No. 15CV31096 Honorable Carroll Michelle Brinegar, Judge Karl King and Daniela King, Plaintiffs-Appellants, Sharon R. S. Scheller, Defendant-Appellee. JUDGMENT AFFIRMED Division VI Opinion by JUDGE TERRY Navarro and Casebolt*, JJ., concur

21 -21- Court of Appeals No. 17CA1468 Jefferson County District Court No. 16CV288 Honorable Diego G. Hunt, Judge Garrett Burgess, Plaintiff-Appellant, Beth McCann, Denver District Attorney; Dave Young, Adams County District Attorney; Denver County District Court; Tyler Carroll; Jimmy Lovato; Adams County District Court; David Blackett; Phillip Gallegos; and John Hickenlooper, in his official capacity as Governor of the State of Colorado, Defendants-Appellees. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MÁRQUEZ* Webb and Fox, JJ., concur

22 -22- Court of Appeals No. 17CA1514 Boulder County District Court No. 09DR164 Honorable Andrew Hartman, Judge In re the Marriage of Christie Quarles, Appellant, and Michael Howanitz, Appellee. ORDERS VACATED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE HARRIS J. Jones and Ashby, JJ., concur Court of Appeals No. 17CA1546 Industrial Claim Appeals Office of the State of Colorado WC No Schwan s Home Service, Inc.; and Hartford Insurance Company, Petitioners-Appellants, Industrial Claim Appeals Office of the State of Colorado and Owen D. Goff, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Fox and Márquez*, JJ., concur

23 -23- Court of Appeals No. 17CA1567 Jefferson County District Court No. 17CV248 Honorable Tamara S. Russell, Judge Sergey Novitskiy, Plaintiff-Appellant, Jeff Schrader and Jefferson County Sheriff s Office, Defendants-Appellees. APPEAL DISMISSED Division VI Opinion by JUDGE NAVARRO Terry and Casebolt*, JJ., concur Court of Appeals No. 17CA1634 Fremont County District Court No. 17CV71 Honorable Robert Freeman, Judge James M. Bertolo, Plaintiff-Appellant, Rick Raemisch, Executive Director of the Colorado Department of Corrections, Mike Romero, Warden of the Colorado Territorial Correctional Facility, Joe Morales, Colorado State Board of Parole, and Sex Offender Management Board, Defendants-Appellees. JUDGMENT AFFIRMED Division II Opinion by JUDGE DAILEY Dunn and Tow, JJ., concur

24 -24- Court of Appeals No. 17CA1750 El Paso County District Court No. 12CR2466 Honorable David L. Shakes, Judge Justin M. White, ORDER AFFIRMED Division VI Opinion by JUDGE DAVIDSON* Terry and Navarro, JJ., concur Court of Appeals No. 17CA1948 City and County of Denver Juvenile Court No. 17JV660 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of O.J.R., a Child, and Concerning C.M.R., f/k/a C.M.S., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE FURMAN Román and Lichtenstein, JJ., concur

25 -25- Court of Appeals No. 17CA2009 Adams County District Court No. 16JV243 Honorable Priscilla J. Loew, Judge Petitioner-Appellee, In the Interest of C.S., a Child, and Concerning V.S., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE FOX Webb and Vogt*, JJ., concur Court of Appeals No. 17CA2100 El Paso County District Court No. 16JV255 Honorable Timothy J. Schutz, Judge Petitioner-Appellee, In the Interest of A.B., a Child, and Concerning R.B., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE LICHTENSTEIN Román and Furman, JJ., concur

26 -26- Court of Appeals Nos. 17CA2346 & 17CA2347 Industrial Claim Appeals Office of the State of Colorado DD Nos & Valencia Castille, Petitioner, Industrial Claim Appeals Office of the State of Colorado; AB ABA & Company McDonalds; Division of Unemployment Insurance Benefit Payment Control, Respondents. ORDERS AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Berger and Miller*, JJ., concur Court of Appeals No. 18CA0659 Industrial Claim Appeals Office of the State of Colorado DD No Robert P. Hudak, Jr., Petitioner, Industrial Claim Appeals Office of the State of Colorado and Blackstone Industrial Services, LLC, Respondents. ORDER AFFIRMED Division II Opinion by JUDGE DUNN Dailey and Tow, JJ., concur

27 -27- Court of Appeals No. 18CA0677 Industrial Claim Appeals Office of the State of Colorado DD No Timothy J. Friedrich, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Diamond Excavating, Inc., Respondents. ORDER AFFIRMED Division II Opinion by JUDGE TOW Dailey and Dunn, JJ., concur

28 -28- Court of Appeals No. 13CA0783 P E T I T I O N S F O R R E H E A R I N G Roderick Laron Elam, Jr., Petition for Rehearing DENIED Court of Appeals No. 15CA0867 Sean Michael Sabell, Petition for Rehearing DENIED

29 -29- Court of Appeals No. 16CA0854 Brandon D. Jackson, Petitions for Rehearing DENIED Court of Appeals No. 16CA1672 Christopher Wayne Jones, Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S