-1- ANNOUNCEMENTS Colorado Court of Appeals February 25, 2016

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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 2016COA23 Court of Appeals No. 12CA0066 Arapahoe County District Court No. 98CR2096 Honorable Marilyn Leonard Antrim, Judge Terrance Wilder, SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE RICHMAN Taubman and Terry, JJ., concur

2 COA24 Court of Appeals No. 13CA0392 Adams County District Court No. 11CR2832 Honorable Thomas R. Ensor, Judge Paul Lacey Rail, I Opinion by JUDGE WEBB Booras, J., concurs J. Jones, J., specially concurs 2016COA25 Court of Appeals No. 14CA1467 Colorado Motor Vehicle Dealer Board Case No. BD Colorado Department of Revenue, Petitioner-Appellee, Astro Imports, Inc., License Number 8065, Respondent-Appellant. ORDER AFFIRMED Division VI Opinion by JUDGE FREYRE Terry and Navarro, JJ., concur

3 COA26 Court of Appeals No. 14CA1945 City and County of Denver District Court No. 14CV31851 Honorable Robert L. McGahey, Judge Colorado Republican Party, Wayne W. Williams, in his official capacity as Colorado Secretary of State, Defendant, and Colorado Ethics Watch, Intervenor-Appellant. Opinion by JUDGE GRAHAM Dailey and Ashby, JJ., concur

4 COA27 Court of Appeals No. 14CA2258 Boulder County District Court No. 10DR213 Honorable Bruce Langer, Judge In re the Marriage of Craig Allen Vanderborgh, Appellant, and Heidi Krauth, Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS I Opinion by JUDGE BERGER Webb and Fox, JJ., concur 2016COA28 Court of Appeals No. 14CA2400 City and County of Denver District Court No. 10CV3320 Honorable Herbert L. Stern, III, Judge Rodney Tyler Reid, Daniel Berkowitz, d/b/a/ Shimon Builders, JUDGMENT AND ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

5 COA29 Court of Appeals No. 15CA0006 Arapahoe County District Court No. 13CV31988 Honorable Frederick T. Martinez, Judge Sue Sandstrom, Treasurer, Arapahoe County, Colorado, Gregory Solen and Patti L. Ibbotson, Defendants-Appellees, and Toby Bradford, Opinion by JUDGE GRAHAM Dailey and Nieto*, JJ., concur 2016COA30 Court of Appeals No. 15CA0060 El Paso County District Court No. 14CV30936 Honorable G. David Miller, Judge GEICO Casualty Company, Ryan D. Collins, Division VI Opinion by JUDGE NAVARRO Terry and Freyre, JJ., concur

6 COA31 Court of Appeals No. 15CA1165 Industrial Claim Appeals Office of the State of Colorado WC No Youngquist Brothers Oil & Gas, Inc., Petitioner, Industrial Claim Appeals Office of the State of Colorado and Travis Miner, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

7 -7- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 12CA2455 City and County of Denver District Court No. 11CR2946 Honorable Morris B. Hoffman, Judge Emanuel Torres-Garcia, Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur Court of Appeals No. 13CA0401 Moffat County District Court No. 11CR41 Honorable Shelley A. Hill, Judge Jeffery Lynn Smith, JUDGMENT AND SENTENCE AFFIRMED Opinion by JUDGE DAILEY Graham and Plank*, JJ., concur

8 -8- Court of Appeals No. 13CA0484 Jefferson County District Court No. 12CR1347 Honorable Christie B. Phillips, Judge Janel Montoya, Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur Court of Appeals No. 13CA1301 El Paso County District Court No. 12CR750 Honorable Michael P. McHenry, Judge Jose D. Burciaga-Ruiz, Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

9 -9- Court of Appeals No. 13CA1830 Boulder County District Court No. 13CR297 Honorable Roxanne Bailin, Judge Stephen Forrest Ogden, Opinion by JUDGE BOORAS Dailey and Navarro, JJ., concur Court of Appeals No. 14CA0111 El Paso County District Court No. 12CR175 Honorable Barney Iuppa, Judge Jeffrey Andrew Dorsey, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

10 -10- Court of Appeals No. 14CA0238 Larimer County District Court No. 06CR501 Honorable Julie K. Field, Judge Nathaniel Lee Strauss, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS I Opinion by JUDGE J. JONES Webb and Booras, JJ., concur Court of Appeals No. 14CA0383 Adams County District Court No. 12CR3155 Honorable John Edward Popovich, Judge Thomas Christopher Saunders, IN PART, REVERSED IN PART, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by CHIEF JUDGE LOEB Davidson* and Nieto*, JJ., concur

11 -11- Court of Appeals No. 14CA0610 City and County of Denver District Court No. 05CR3972 Honorable A. Bruce Jones, Judge Arthur J. Lomax, APPEAL DISMISSED IN PART AND ORDER AFFIRMED Opinion by JUDGE GRAHAM Dailey and Plank*, JJ., concur Court of Appeals No. 14CA0859 Arapahoe County District Court No. 12CR1421 Honorable Gerald J. Rafferty, Judge Phillip Rhoades-Scott, Division V Opinion by JUDGE FURMAN Bernard and Kapelke*, JJ., concur

12 -12- Court of Appeals Nos. 14CA1322 & 15CA0243 Larimer County District Court No. 12CV0462 Honorable Stephen E. Howard, Judge McCauley Constructors, Inc., Plaintiff-Appellant, Weinland Construction, Inc., and Kathie Troudt Riley, Defendants-Appellees. ORDERS AND I Opinion by JUDGE WEBB J. Jones and Booras, JJ., concur Court of Appeals No. 14CA1335 Weld County District Court No. 13CR1088 Honorable Marcelo A. Kopcow, Judge James Kenneth Case, III,, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur

13 -13- Court of Appeals No. 14CA1423 Chaffee County District Court No. 13CV35 Honorable Charles M. Barton, Judge Ernie Calbart, Plaintiff-Appellant, Rick Raemisch, Executive Director of Colorado Department of Corrections, and John L. Davis, Warden of Buena Vista Correctional Complex, Defendants-Appellees. Opinion by JUDGE DAILEY Graham and Plank*, JJ., concur Court of Appeals No. 14CA1543 City and County of Denver District Court No. 11CR20000 Honorable John W. Madden, IV, Judge William Lee Lornes, Division V Opinion by JUDGE BERNARD Furman and Kapelke*, JJ., concur

14 -14- Court of Appeals No. 14CA1593 Fremont County District Court No. 12CV238 Honorable Patrick W. Murphy, Judge Leroy D. Fresquez, Plaintiff-Appellant, Rick Raemisch, Kevin Milyard, Travis Trani, Carol Soares, Dennis Burbank, Carmen Estrada, Penny Murphey, Cerise Heidenthal, Raeanne Will, David Lindberg, Lois Caldaronella, and Andrea Nichols, Defendants-Appellees. ORDER AFFIRMED Opinion by JUDGE PLANK* Dailey and Graham, JJ., concur Court of Appeals No. 14CA1751 El Paso County District Court No. 13CR4212 Honorable Thomas L. Kennedy, Judge Chastity Mae Board, Opinion by JUDGE PLANK* Dailey and Graham, JJ., concur

15 -15- Court of Appeals No. 14CA1957 Weld County District Court No. 13CR1931 Honorable Timothy G. Kerns, Judge Shannon Lee Hawley, IN PART, VACATED IN PART, SENTENCE VACATED IN PART AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Bernard and Kapelke*, JJ., concur Court of Appeals No. 14CA2024 City and County of Denver Probate Court No. 11PR928 Honorable Elizabeth D. Leith, Judge In re the Estate of Calvin Shimizu, a/k/a Calvin Kiyoshi Shimizu, a/k/a Calvin K. Shimizu, deceased. Jamie Szoke, individually and as Personal Representative of the Estate of Calvin Shimizu, a/k/a Jamie Lee Tomie-Szoke, a/k/a Jamie Lee Shimizu, Appellant, Bonnie Rae Trujillo-Dickson, James Gillen Dickson and Ann Kathleen May, Appellees. ORDER AFFIRMED Opinion by JUDGE DAILEY Graham and Plank*, JJ., concur

16 -16- Court of Appeals No. 14CA2351 Adams County District Court No. 12DR1271 Honorable Emily E. Anderson, Judge In re the Marriage of Lisa Michelle McPherson, Appellee, and Shawn Gregory McPherson, Appellant. AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur Court of Appeals No. 14CA2489 Pueblo County District Court No. 13CV254 Honorable Victor I. Reyes, Judge Anthony Lucero, Plaintiff-Appellant, James R. Koncilja and Koncilja & Koncilja, P.C., Defendants-Appellees. ORDER AFFIRMED Division V Opinion by JUDGE BERNARD Furman and Kapelke*, JJ., concur

17 -17- Court of Appeals No. 15CA0084 El Paso County District Court No. 13CR1461 Honorable Tim J. Schutz, Judge Craig Marty Mazique, Opinion by JUDGE DAVIDSON* Loeb, C.J., and Nieto*, J., concur Court of Appeals No. 15CA0085 El Paso County District Court No. 13CR1399 Honorable Tim J. Schutz, Judge Craig Marty Mazique, Opinion by JUDGE NIETO* Loeb, C.J., and Davidson*, J., concur

18 -18- Court of Appeals No. 15CA0182 Jefferson County District Court No. 12DR2006 Honorable Lily W. Oeffler, Judge Honorable Ryan P. Loewer, Magistrate In re the Marriage of Kenneth B. House, Appellant, and Judith House, n/k/a Judith DeHerrera, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur

19 -19- Court of Appeals No. 15CA0202 Pitkin County District Court No. 11CV181 Honorable James B. Boyd, Judge 335 Lake Avenue, LLC and James K. Daggs, Plaintiffs-Appellants, U.S. Bank National Association (successor to Bank of America N.A. successor by merger to LaSalle Bank N.A.) as Trustee, on behalf of the Holders of the Thornburg Mortgage Securities Trust Mortgage Loan Pass-Through Certificates Series , Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

20 -20- Court of Appeals No. 15CA0217 Douglas County District Court No. 13DR30814 Honorable William D. Robbins, Jr., Judge In re the Marriage of Francis Beitel, Appellant, and Darrelle Beitel, Appellee. AND CASE REMANDED WITH DIRECTIONS I Opinion by JUDGE WEBB J. Jones and Booras, JJ., concur Court of Appeals No. 15CA0228 Arapahoe County District Court No. 14DR30414 Honorable David John Stevens, Judge In re the Marriage of Ayman Fageer, Appellant, and Lubna Farah, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur

21 -21- Court of Appeals No. 15CA0307 Adams County District Court No. 03CR949 Honorable Katherine R. Delgado, Judge Raul Moreno Chavez, ORDER AFFIRMED Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur Court of Appeals No. 15CA0496 Boulder County District Court Nos. 12CR1096 & 12CR1178 Honorable Thomas Mulvahill, Judge Stephen Demetrius Clark, ORDER AFFIRMED Division IV Opinion by JUDGE HARRIS Hawthorne and Román, JJ., concur

22 -22- Court of Appeals No. 15CA0532 Weld County District Court No. 04CR1908 Honorable Carol Glowinsky, Judge Joshua E. Rodarte, ORDER AFFIRMED Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur Court of Appeals No. 15CA1770 El Paso County District Court No. 14JV34 Honorable Lynn Billings-Vela, Judge Petitioner-Appellee, In the Interest of A.M., a Child, and Concerning A.S., Respondent-Appellant. JUDGMENT VACATED I Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur

23 -23- Court of Appeals No. 15CA1788 Adams County District Court No. 12JV53 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of A.V. and L.V., Children, and Concerning A.V., Sr. and A.P., Respondents-Appellants. Opinion by JUDGE DAILEY Graham and Vogt*, JJ., concur Court of Appeals No. 15CA1789 Adams County District Court No. 15JV146 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of I.X.K.S. and C.N.J.S., Children, and Concerning C.J.S, Respondent-Appellant. Opinion by JUDGE GRAHAM Dailey and Vogt*, JJ., concur

24 -24- Court of Appeals No. 15CA1795 El Paso County District Court No. 12JV2316 Honorable G. David Miller, Judge Petitioner-Appellee, In the Interest of M.S., E.R-L., and M.R., Children, and Concerning V.R., Respondent-Appellant. Opinion by JUDGE VOGT* Dailey and Graham, JJ., concur

25 COA78M Court of Appeals No. 12CA0898 P E T I T I O N S F O R R E H E A R I N G Delmon Edric Singley, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA2401 Ravenstar LLC, a Colorado limited liability company; The Chips LLC, a Colorado limited liability company; Let-R-Buck LLC, a Colorado limited liability company; A Rockin Place to Ski LLC d/b/a One Rockin Place to Ski LLC, a Colorado limited liability company; and Rockin OSHP LLC, a Colorado limited liability company, Plaintiffs-Appellants, One Ski Hill Place LLC, a Colorado limited liability company, Defendant-Appellee. Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S