-1- ANNOUNCEMENTS Colorado Court of Appeals September 4, 2014

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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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 10CA1345 Jefferson County District Court No. 09CR1551 Honorable Dennis J. Hall, Judge Jessica Marie Goodale, JUDGMENT AFFIRMED Division VII Opinion by JUDGE TERRY Furman and Lichtenstein, JJ., concur

2 -2- Court of Appeals No. 11CA0012 Weld County District Court No. 09CR1741 Honorable Thomas J. Quammen, Judge Timothy Brawner, JUDGMENT AND ORDER AFFIRMED V Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur Court of Appeals No. 11CA0171 El Paso County District Court No. 10CR840 Honorable Gregory R. Werner, Judge Jason Alen White, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Graham and Miller, JJ., concur

3 -3- Court of Appeals No. 11CA0582 City and County of Denver District Court No. 09CR4104 Honorable Shelley I. Gilman, Judge Jose Ramon Aguayo-Gonzalez, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE TAUBMAN Bernard and Navarro, JJ., concur Court of Appeals No. 11CA0912 City and County of Denver District Court No. 08CR3849 Honorable Robert L. McGahey, Judge Roderick Gainous, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE BERNARD Taubman and Navarro, JJ., concur

4 -4- Court of Appeals No. 11CA1473 Jefferson County District Court No. 10CR592 Honorable Philip J. McNulty, Judge Jason Edward Suth, JUDGMENT AFFIRMED V Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur Court of Appeals No. 12CA0207 Douglas County District Court No. 10CR612 Honorable Richard B. Caschette, Judge Honorable Jack F. Smith, Judge Kelly Virginia Holmes, JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS V Opinion by JUDGE FOX Graham and Dunn, JJ. concur

5 -5- Court of Appeals No. 12CA0493 El Paso County District Court No. 11CR324 Honorable Timothy J. Schutz, Judge Coral Marie Vialpando, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE NAVARRO Taubman and Bernard, JJ., concur Court of Appeals No. 12CA1148 City and County of Denver District Court No. 11CR1869 Honorable Morris B. Hoffman, Judge Ernest T. Turner, JUDGMENT AFFIRMED Division VII Opinion by JUDGE TERRY Furman and Lichtenstein, JJ., concur

6 -6- Court of Appeals No. 12CA1557 Arapahoe County District Court No. 05CR769 Honorable Harlan R. Bockman, Judge Sherman James Schuett, ORDER AFFIRMED Opinion by JUDGE TAUBMAN Bernard and Navarro, JJ., concur Court of Appeals No. 12CA1926 City and County of Denver District Court No. 04CR2291 Honorable Martin F. Egelhoff, Judge Angel Quintana, ORDER AFFIRMED V Opinion by JUDGE DUNN Graham and Fox, JJ., concur

7 -7- Court of Appeals No. 12CA2279 Grand County District Court No. 10CR3 Honorable Mary C. Hoak, Judge Christopher St. Peter, ORDERS AFFIRMED Opinion by JUDGE TAUBMAN Bernard and Navarro, JJ., concur

8 -8- Court of Appeals No. 12CA2345 Teller County District Court No. 12CR8 Honorable Edward S. Colt, Judge Sara Ann Heinz, JUDGMENT AFFIRMED Division VI Opinion by JUDGE BOORAS Richman and Roy*, JJ., concur Court of Appeals No. 13CA0311 City and County of Denver District Court No. 00CR2436 Honorable Brian R. Whitney, Judge Vincent Trujillo, ORDER AFFIRMED Opinion by JUDGE BERNARD Taubman and Navarro, JJ., concur

9 -9- Court of Appeals No. 13CA0731 Adams County District Court No. 11CR1597 Honorable Thomas R. Ensor, Judge Rodolfo Gonzalez, JUDGMENT AFFIRMED Opinion by JUDGE NAVARRO Taubman and Bernard, JJ., concur Court of Appeals No. 13CA0993 City and County of Denver County District Court No. 99CR389 Honorable Brian R. Whitney, Judge Guillermo Rucobo-Rios, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE MILLER J. Jones and Berger, JJ., concur

10 -10- Court of Appeals No. 13CA1238 Mesa County District Court No. 12CR1412 Honorable Brian J. Flynn, Judge Omar Olivas, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE LICHTENSTEIN Furman and Terry, JJ., concur Court of Appeals No. 13CA1311 Logan County District Court No. 12CV126 Honorable Kevin L. Hoyer, Judge Adam Dmytryszyn, Executive Director of the Colorado Department of Corrections and Warden of the Sterling Correctional Facility, JUDGMENT AFFIRMED V Opinion by JUDGE DUNN Graham and Fox, JJ., concur

11 -11- Court of Appeals No. 13CA1377 Arapahoe County District Court No. 02CR2564 Honorable Kurt A. Horton, Judge Dennis Edward Granger, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE NAVARRO Taubman and Bernard, JJ., concur Court of Appeals No. 13CA1378 Arapahoe County District Court No. 03CR3082 Honorable Kurt A. Horton, Judge Dennis Edward Granger, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE NAVARRO Taubman and Bernard, JJ., concur

12 -12- Court of Appeals No. 13CA1384 El Paso County District Court No. 12CV4527 Honorable David L. Shakes, Judge Martin L. Lager, Plaintiff-Appellant, and Martin Law Firm and Brett Martin, Attorneys-Appellants, Amy S. Levi, Defendant-Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS II Opinion by JUDGE KAPELKE* Webb and Gabriel, JJ., concur

13 -13- Court of Appeals No. 13CA1484 El Paso County District Court No. 12CV4527 Honorable David L. Shakes, Judge Martin L. Lager, Plaintiff-Appellant, and Martin Law Firm and Brett Martin, Attorneys-Appellants, John B. Ciccolella; Jeffrey A. Weston; Ciccolella & Weston, P.C.; and Ciccolella Family Law, P.C., Defendants-Appellees. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS II Opinion by JUDGE KAPELKE* Webb and Gabriel, JJ., concur

14 -14- Court of Appeals No. 13CA1538 Douglas County District Court No. 12CV2010 Honorable Vincent White, Judge Pelagie Keke, Plaintiff-Appellant, Dr. Andre Nazarov, Defendant-Appellee. JUDGMENT AFFIRMED V Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur Court of Appeals No. 13CA1731 Jackson County District Court No. 05DR6 Honorable Daniel J. Kaup, Judge In re the Marriage of Heidi Grant, Appellee, and Delmar Grant, Appellant. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE NAVARRO Taubman and Bernard, JJ., concur

15 -15- Court of Appeals No. 14CA0323 City and County of Broomfield District Court No. 12JV92 Honorable Francis C. Wasserman, Judge Petitioner-Appellee, In the Interest of K.A.M-K. and K.M.M-K., Children, and Concerning T.K. and A.M., Respondents-Appellants. JUDGMENT AFFIRMED II Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Sternberg*, J., concur

16 -16- Court of Appeals No. 12CA1825 P E T I T I O N S F O R R E H E A R I N G Rodel Miranda, Petition for Rehearing DENIED Court of Appeals No. 13CA0337 In re the Marriage of Kay Jean Johnson, Appellee, and Carlton Paul Johnson, Jr., Appellant. Petition for Rehearing DENIED

17 -17- Court of Appeals No. 13CA0461 Jesse N. Lipschuetz, Plaintiff-Appellant, and Open Door Ministries, Defendant-Appellee. Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 13CA1331 Vernell Mitchell, Petition for Rehearing DENIED

18 -18- Court of Appeals No. 13CA1704 Sylvia A. Segler, Plaintiff-Appellant, Ross Management Group, Inc., Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 14CA0745 William M. Hendricks, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance EUC Team, Respondents. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S