-1- ANNOUNCEMENTS Colorado Court of Appeals October 22, 2015

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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 2015COA150 Court of Appeals No. 11CA2592 Jefferson County District Court No. 10CR498 Honorable Christopher J. Munch, Judge Bruco Strong Eagle Eastwood, Division IV Opinion by JUDGE ROMÁN Graham and Vogt*, JJ., concur

2 COA151 Court of Appeals No. 12CA1217 City and County of Denver District Court No. 10CR4626 Honorable Anne M. Mansfield, Judge Honorable A. Bruce Jones, Judge Robert Juan Gee, JUDGMENT, SENTENCE, AND ORDER AFFIRMED Division I Opinion by JUDGE BERGER Taubman and Hawthorne, JJ., concur 2015COA152 Court of Appeals No. 12CA1858 Arapahoe County District Court No. 08CR595 Honorable Valeria N. Spencer, Judge Calvin Richard Riley, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BERGER Hawthorne, J., concurs Taubman, J., concurs in part and dissents in part Prior Opinion Announced June 18, 2015, WITHDRAWN Petition for Rehearing GRANTED

3 COA153 Court of Appeals No. 12CA2342 Adams County District Court No. 11CR3101 Honorable Mark D. Warner, Judge Richard Arthur Baca, JUDGMENT AND SENTENCE AFFIRMED Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur 2015COA154 Court of Appeals No. 13CA1617 City and County of Denver District Court No. 04CR4917 Honorable John N. McMullen, Judge Erin A. Pendleton, ORDER AFFIRMED Division IV Opinion by JUDGE GRAHAM Román and Plank*, JJ., concur

4 COA155 Court of Appeals No. 14CA0135 Adams County District Court No. 11CR2041 Honorable Katherine R. Delgado, Judge Susan Gail Douglas, Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur

5 -5- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 08CA2144 City and County of Denver District Court No. 07CR3748 Honorable Morris B. Hoffman, Judge Honorable Brian R. Whitney, Judge Adrian Chavez, Division I Opinion by JUDGE TERRY Taubman and Miller, JJ., concur Court of Appeals No. 12CA0212 City and County of Denver District Court No. 10CR5343 Honorable Edward D. Bronfin, Judge Ronald D. Smith, Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

6 -6- Court of Appeals No. 12CA0582 Arapahoe County District Court Nos. 09CR1960, 09CR2104, 09CR2110, 09CR2116, 09CR2134, & 09CR2140 Honorable Carlos A. Samour, Judge Eric Ivan Nunez, Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur Court of Appeals No. 12CA1967 Adams County District Court No. 11CR1485 Honorable John E. Popovich, Jr., Judge Leonard Joseph Rodriguez, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur

7 -7- Court of Appeals No. 13CA1013 El Paso County District Court No. 12CR3492 Honorable Theresa M. Cisneros, Judge Travis James Barela, Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 13CA1086 Weld County District Court No. 12CR64 Honorable Julie C. Hoskins, Judge Michael James Loggan, ORDER AFFIRMED Division V Opinion by JUDGE NIETO* Furman and Richman, JJ., concur

8 -8- Court of Appeals No. 13CA1206 Lincoln County District Court No. 12CR53 Honorable Jeffrey K. Holmes, Judge Matthew Davies, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 13CA1345 Weld County District Court No. 11CR1638 Honorable Thomas J. Quammen, Judge Mirner Herman Brown, Jr., Division IV Opinion by JUDGE NEY* Graham and Román, JJ., concur

9 -9- Court of Appeals No. 13CA1606 Pitkin County District Court No. 11CR64 Honorable Gail H. Nichols, Judge Pedro Amaral-Jacobo, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROMÁN Graham and Ney*, JJ., concur Court of Appeals No. 13CA2022 El Paso County District Court No. 12CR2925 Honorable Theresa M. Cisneros, Judge Sarmad Fadhil Mohammed, Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur

10 -10- Court of Appeals No. 13CA2072 Adams County District Court No. 12CR2056 Honorable Katherine R. Delgado, Judge Juan Carlos Madera-Robles, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by CHIEF JUDGE LOEB Sternberg* and Márquez*, JJ., concur Court of Appeals No. 14CA0058 Fremont County District Court No. 12CV57 Honorable David M. Thorson, Judge Waldo Mackey, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections, Lt. Beneze, M. Garcia, Marshall Griffith, Joy Hart, Mira Loingloss, Kirk Machin, Major Miklich, Diana Miller, Keith Nordell, R. Viola, Lt. Worthen, Defendants-Appellees. Division IV Opinion by JUDGE GRAHAM Román and Ney*, JJ., concur

11 -11- Court of Appeals No. 14CA0069 City and County of Denver District Court Nos. 01CR1235 & 01CR1236 Honorable Morris B. Hoffman, Judge Erick Salazar-Rivasplata, ORDER AFFIRMED Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 14CA0226 Adams County District Court No. 03CR2124 Honorable Leonard P. Plank, Judge Shannon Lee Snook, ORDER AFFIRMED Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

12 -12- Court of Appeals No. 14CA0237 City and County of Denver District Court No. 13CR1921 Honorable A. Bruce Jones, Judge Donald A. Cabral, ORDER AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Court of Appeals No. 14CA0551 City and County of Denver District Court No. 11CV4190 Honorable Kenneth M. Laff, Judge John T. Randall, Experient Corporation, a Colorado corporation; and William O Neil, Defendants-Appellants. AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur

13 -13- Court of Appeals No. 14CA0635 City and County of Denver Juvenile Court No. 13JD475 Honorable D. Brett Woods, Judge Petitioner-Appellee, In the Interest of J.C.L., Juvenile-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur Court of Appeals No. 14CA0833 El Paso County District Court Nos. 05CR2482, 05CR3622, 06CR3330, 07CR2294, 07CR2471, 08CR2342, 08CR2437 & 09CR4858 Honorable David A. Gilbert, Judge Paul Allen Nance, ORDERS AFFIRMED Division II Opinion by JUDGE DAILEY Booras and Navarro, JJ., concur

14 -14- Court of Appeals No. 14CA1147 Weld County District Court No. 13CV31001 Honorable Julie C. Hoskins, Judge Damon Sanders, Plaintiff-Appellant, All Around Roustabout LLC, Reliable Field Services LLC, Ace Energy Services LLC, and Ashton Janssen, Defendants-Appellees. APPEAL DISMISSED Division VI Opinion by JUDGE BOORAS Furman and Ashby, JJ., concur Court of Appeals No. 14CA1223 El Paso County District Court No. 13CR3448 Honorable Scott A. Sells, Judge Julianne Marshall, Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur

15 -15- Court of Appeals No. 14CA1279 Arapahoe County District Court No. 10DR478 Honorable Carlos A. Samour, Jr., Judge In re the Marriage of Kelly S. Johnson, Appellant, and Mark E. Johnson, Appellee. ORDER AFFIRMED Division V Opinion by JUDGE HAWTHORNE Furman and Richman, JJ., concur Court of Appeals No. 14CA1283 Pueblo County District Court No. 13CR1645 Honorable Victor I. Reyes, Judge Arnold Lopez, Division I Opinion by JUDGE TAUBMAN J. Jones and Harris, JJ., concur

16 -16- Court of Appeals No. 14CA1379 Boulder County District Court No. 11CV550 Honorable D.D. Mallard, Judge Honorable James C. Klein, Judge Michael T. Voorhees, Plaintiff-Appellant, University of Colorado, Louis Stodieck, and David Klaus, Defendants-Appellees. ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROMÁN Graham and Ney*, JJ., concur Court of Appeals No. 14CA1597 Jefferson County District Court No. 13CV31253 Honorable Randall C. Arp, Judge Comcast of Colorado IX, LLC, Plaintiff-Appellee and Cross-Appellant, City of Golden, a Colorado home rule municipal corporation; and Jeff Hansen, in his official capacity as Finance Director for the City of Golden, Defendants-Appellants and Cross-Appellees. AND CROSS-APPEAL DISMISSED Division II Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur

17 -17- Court of Appeals No. 14CA1683 El Paso County District Court No. 10DR1454 Honorable David A. Gilbert, Judge In re the Parental Responsibilities Concerning O.H.R-E., a Child, and Concerning Scott Reiman, Appellee, and Susan Ellis, Appellant. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Fox, JJ., concur Court of Appeals No. 14CA1815 Douglas County District Court No. 13CV245 Honorable Richard B. Caschette, Judge Amber E. Kovacic, Plaintiff-Appellant, Claude R. Powell and Marilyn Powell, Defendants-Appellees. Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur

18 -18- Court of Appeals No. 14CA1829 Boulder County District Court No. 11CV751 Honorable D.D. Mallard, Judge James D. Edwards and Nancy Edwards, Plaintiffs-Appellants, United Services Automobile Association, Defendant-Appellee. IN PART AND REVERSED IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Fox and Berger, JJ., concur Court of Appeals No. 14CA1851 Boulder County District Court No. 04DR732 Honorable Bruce Langer, Judge In re the Marriage of Steven Lee Jakobs, Appellee, and Donnell Gwen Jakobs, n/k/a Donnell Gwen Miller Appellant. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

19 -19- Court of Appeals No. 14CA2126 Pueblo County District Court No. 14CV30619 Honorable Victor I. Reyes, Judge Norberto V. Perez, Anthony C. Porco, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur Court of Appeals No. 14CA2205 El Paso County District Court No. 02DR3605 Honorable Robert Lowery, Judge In re the Parental Responsibilities Concerning I.L., a Child, and Concerning Danielle Norris, Appellee, and Ronald I. Wheeler, Appellant. ORDER AFFIRMED Division V Opinion by JUDGE MILLER Román and Dunn, JJ., concur

20 -20- Court of Appeals No. 14CA2225 Garfield County District Court No. 14CV24 Honorable Jonathan B. Pototsky, Judge In the Matter of Shannon Marie Zelenka, Petitioner-Appellant, Charles Zelenka, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

21 -21- Court of Appeals No. 14CA2237 El Paso County District Court No. 14CV31315 Honorable Tim J. Schutz, Judge Lorraine M. Amos, Plaintiff-Appellant, Colorado Department of Revenue, Defendant-Appellee. Division VII Opinion by JUDGE LICHTENSTEIN Miller and Ashby, JJ., concur Court of Appeals No. 14CA2283 Mineral County District Court Nos. 13PR1 & 13PR30002 Honorable Martin A. Gonzales, Judge In re the Estate of Daniel Aldrich, Jr., deceased. Daniel Aldrich III, Appellant, Aaron Aldrich and Joseph Aldrich, Appellees. Division IV Opinion by CHIEF JUDGE LOEB Sternberg* and Márquez*, JJ., concur

22 -22- Court of Appeals No. 14CA2317 Crowley County District Court No. 14CV6 Honorable Mark A. MacDonnell, Judge Anthony Anderson, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections and Warden of Arkansas Valley Correctional Facility, Defendants-Appellees. Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur Court of Appeals No. 14CA2433 Jefferson County District Court No. 14CR16 Honorable Margie L. Enquist, Judge James Keith Potts II, ORDER AFFIRMED Division V Opinion by JUDGE RICHMAN Nieto*, J., concurs Furman, J., specially concurs

23 -23- Court of Appeals No. 14CA2496 Douglas County District Court No. 14DR399 Honorable Michael Spear, Judge In re the Marriage of Shellonda Shantel Bolton, Appellee, and Jubal Demond James, Appellant. ORDER AFFIRMED Division VI Opinion by JUDGE KAPELKE* Bernard and Terry, JJ., concur Court of Appeals No. 15CA0224 Industrial Claim Appeals Office of the State of Colorado DD No Anthony E. Imperiale, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Signature Assisted Living, LP, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE MILLER Lichtenstein and Ashby, JJ., concur

24 -24- Court of Appeals No. 15CA0697 Industrial Claim Appeals Office of the State of Colorado WC No Precision Home Buildings, LLC, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Venancia De La Paz Herrera, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE MILLER Ashby and Márquez*, JJ., concur Court of Appeals No. 15CA0820 Adams County District Court No. 14JV102 Honorable Edward C. Moss, Judge Petitioner-Appellee, In the Interest of K.B., a Child, and Concerning S.B., Respondent-Appellant. JUDGMENT REVERSED Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur

25 -25- Court of Appeals No. 15CA0997 Mesa County District Court Nos. 13JV334 & 14JV47 Honorable David R. Lass, Judge Petitioner-Appellee, In the Interest of W.M., J.M.-N., T.M., and L.M., Children, and Concerning M.M., Respondent-Appellant. Division V Opinion by JUDGE RICHMAN Hawthorne and Furman, JJ., concur Court of Appeals No. 15CA1130 Industrial Claim Appeals Office of the State of Colorado DD No Terrance A. Webster, Petitioner, Industrial Claim Appeals Office of the State of Colorado and SFM, LLC, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE STERNBERG* Loeb, C.J., and Márquez*, J., concur

26 -26- Court of Appeals No. 15CA1171 Industrial Claim Appeals Office of the State of Colorado DD No Rodney J. Arellano, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Tire Centers LLC, d/b/a UC Express, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur Court of Appeals No. 15CA1221 Industrial Claim Appeals Office of the State of Colorado DD No Brendan C. DiOrio, Petitioner, Industrial Claim Appeals Office of the State of Colorado and United Parcel Service, Inc., Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Sternberg*, J., concur

27 -27- Court of Appeals No. 15CA1416 Pueblo County District Court No. 15MH19 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Alec Johnson, a/k/a Robert Keith Lowe, Respondent-Appellant. ORDER AFFIRMED Division II Opinion by JUDGE NAVARRO Dailey and Booras, JJ., concur

28 COA152 Court of Appeals No. 12CA1858 P E T I T I O N S F O R R E H E A R I N G Calvin Richard Riley, Prior Opinion Announced June 18, 2015, WITHDRAWN Petition for Rehearing GRANTED Court of Appeals No. 12CA1976 Dominick Michael Ramirez, Petition for Rehearing DENIED

29 -29- Court of Appeals No. 14CA0523 Alexander Naves-Millan, Petition for Rehearing DENIED Court of Appeals No. 14CA0692 In re the Parental Responsibilities Concerning K.A.B., a Child, and Concerning R.M., Petitioner-Appellant, and C.T., n/k/a C.M., Respondent-Appellee, and S.B. and J.B., Intervenors-Appellees. Petition for Rehearing DENIED

30 -30- Court of Appeals No. 14CA1120 Nathan Ybanez, Plaintiff-Appellant, Colorado Department of Corrections; Rick Raemisch, in his official capacity as the Executive Director of the Colorado Department of Corrections; Sterling Correctional Facility; and James Falk, in his official capacity as the Warden of the Sterling Correctional Facility, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 14CA1786 In re the Marriage of Jeffrey John Nixon, Appellant, and Deanna Lyn Marie Nixon, Appellee. Petition for Rehearing DENIED

31 -31- Court of Appeals No. 14CA2263 In re the Marriage of Brittany Ann Gutwein, Appellee, and Michael Todd Gutwein, Appellant. Petition for Rehearing DENIED Court of Appeals No. 15CA0567 Petitioner-Appellee, In the Interest of A.R. and O.S., Children, and Concerning T.S., Respondent-Appellant. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S