-1- ANNOUNCEMENTS Colorado Court of Appeals October 3, 2013

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1 -1- COLORADO COURT OF APPEALS OCTOBER 3, 2013 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. 09CA2623 Adams County District Court No. 08CR3275 Honorable C. Vincent Phelps, Judge Harry Denard Williams, JUDGMENT AFFIRMED Division II Opinion by JUDGE TERRY Casebolt and Sternberg*, JJ., concur

2 -2- Court of Appeals No. 10CA0634 Montezuma County District Court No. 08CR196 Honorable Sharon L. Hansen, Judge Honorable Douglas S. Walker, Judge Ignacio Ray Rael, JUDGMENT AFFIRMED Division III Opinion by JUDGE ROMÁN J. Jones and Kapelke*, JJ., concur Court of Appeals No. 10CA1642 Arapahoe County District Court No. 09CR1113 Honorable Elizabeth Ann Weishaupl, Judge Honorable Donald W. Marshall, Judge Corey Ray Albat, JUDGMENT AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

3 -3- Court of Appeals No. 11CA0355 Arapahoe County District Court No. 08CR609 Honorable James F. Macrum, Judge Robert Allan Howard, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 11CA1186 Adams County District Court No. 08CR3450 Honorable John E. Popovich, Judge Wayne Paul Jones, JUDGMENT AFFIRMED Division I Opinion by JUDGE NIETO* Lichtenstein and Miller, JJ., concur

4 -4- Court of Appeals No. 11CA1381 City and County of Denver District Court No. 05CR3809 Honorable Sheila A. Rappaport, Judge Darrius Taylor, Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 11CA1464 Arapahoe County District Court No. 06CR3330 Honorable Michael J. Spear, Judge Robert Cortez Tallie, Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

5 -5- Court of Appeals No. 11CA1750 El Paso County District Court Nos. 08CR3669 & 10CR2232 Honorable Scott A. Sells, Judge Honorable Thomas L. Kennedy, Judge Robert Anthony Greenwood, JUDGMENT AFFIRMED Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur Court of Appeals No. 11CA1849 Boulder County District Court No. 09CR124 Honorable D.D. Mallard, Judge Jacob Paul Jones, JUDGMENT AFFIRMED Division V Opinion by JUDGE RICHMAN Graham and Navarro, JJ., concur

6 -6- Court of Appeals No. 11CA1862 El Paso County District Court No. 10CR3015 Honorable Larry E. Schwartz, Judge Elijah Leyba, JUDGMENT AFFIRMED Division III Opinion by JUDGE J. JONES Román and Kapelke*, JJ., concur Court of Appeals No. 11CA1865 Mesa County District Court No. 10CR1475 Honorable Brian J. Flynn, Judge Kim M. Fuerst, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

7 -7- Court of Appeals No. 11CA2046 Jefferson County District Court No. 10CR3143 Honorable Randall C. Arp, Judge Anthony Joseph Vigil, JUDGMENT AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur Court of Appeals No. 11CA2225 La Plata County District Court No. 10CR464 Honorable Jeffrey R. Wilson, Judge Corey Mitchel Elmquist, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur

8 -8- Court of Appeals No. 11CA2255 City and County of Denver District Court No. 10CR4650 Honorable Shelley I. Gilman, Judge Jerry Dean Casados, Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur Court of Appeals No. 11CA2609 Adams County District Court No. 06CR1082 Honorable F. Michael Goodbee, Judge Fabian Anthony Wilson, Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

9 -9- Court of Appeals No. 12CA0149 El Paso County District Court No. 11CR1698 Honorable David A. Gilbert, Judge Michael Shannon Espinoza, Division VI Opinion by JUDGE CARPARELLI Furman and Gabriel, JJ., concur Court of Appeals No. 12CA0302 Adams County District Court No. 95CR130 Honorable Harlan R. Bockman, Judge Troy D. Martinez, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE TERRY Casebolt and Vogt*, JJ., concur

10 -10- Court of Appeals No. 12CA0334 Elbert County District Court No. 10CR32 Honorable Jeffrey K. Holmes, Judge Aaron Keith Lieding, JUDGMENT AFFIRMED Division I Opinion by JUDGE NIETO* Lichtenstein and Miller, JJ., concur Court of Appeals No. 12CA0881 City and County of Denver District Court No. 09CV3342 Honorable Anthony F. Vollack, Judge United States Welding, Inc., a Colorado corporation, B&C Steel, Inc., a Colorado corporation; and Metro Steel Fabricating, Inc., d/b/a Metro Steel, Inc., a Colorado corporation, Defendants-Appellants. JUDGMENT AFFIRMED Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur

11 -11- Court of Appeals No. 12CA0890 Lincoln County District Court No. 09CR61 Honorable Carlos A. Samour, Jr., Judge Edwin D. Hill, JUDGMENT AFFIRMED Division I Opinion by JUDGE LICHTENSTEIN Taubman and Miller, JJ., concur Court of Appeals No. 12CA1090 Crowley County District Court No. 11CV19 Honorable Michael A. Schiferl, Judge Flozell Beasley, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections; and Warden Director of Arkansas Valley Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division II Opinion by JUDGE TERRY Plank* and Nieto*, JJ., concur

12 -12- Court of Appeals No. 12CA1113 Jefferson County District Court No. 10CV5878 Honorable Tamara S. Russell, Judge Bross Group, LLC, Plaintiff-Appellant and Cross-Appellee, Diana Patrick, Defendant-Appellee and Cross-Appellant. JUDGMENT AND Division II Opinion by JUDGE TERRY Casebolt and Sternberg*, JJ., concur Court of Appeals No. 12CA1214 Mesa County District Court No. 08CR1373 Honorable Richard T. Gurley, Judge Raymond Royal Burk, Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

13 -13- Court of Appeals No. 12CA1242 El Paso County District Court No. 05CR2494 Honorable Kirk S. Samelson, Judge William Sills Taylor, Division I Opinion by JUDGE LICHTENSTEIN Miller and Kapelke*, JJ., concur Court of Appeals No. 12CA1267 Arapahoe County District Court No. 04DR2142 Honorable Robert H. Russell, II, Judge In re the Marriage of Linda Silkes, Appellee, and Matthew Elberg, Appellant. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE ROMÁN J. Jones and Sternberg*, JJ., concur

14 -14- Court of Appeals No. 12CA1348 Park County District Court No. 08CR21 Honorable Stephen A. Groome, Judge Craig Robledo, Division II Opinion by JUDGE TERRY Casebolt and Ney*, JJ., concur

15 -15- Court of Appeals No. 12CA1476 Larimer County District Court No. 08JR5 Honorable Stephen E. Howard, Judge In re the Petition of N.M. and J.M., Intervenors-Appellees, and Lutheran Family Services of Colorado, Inc., Appellee, for the Adoption of E.N.S., a Child, and Concerning J.O., Respondent-Appellant, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

16 -16- Court of Appeals No. 12CA1480 Mesa County District Court No. 08CR554 Honorable Brian J. Flynn, Judge Robert J. Hakel, Division I Opinion by JUDGE LICHTENSTEIN Taubman and Miller, JJ., concur Court of Appeals No. 12CA1941 City and County of Denver District Court No. 10CV9549 Honorable J. Eric Elliff, Judge Dimitrios Andrianakos and Ioanna Andrianakos, Plaintiffs-Appellants, City and County of Denver; Board of Adjustment for Zoning Appeals; and Michael O Flaherty, in his official capacity as City and County of Denver Zoning Administrator, Defendants-Appellees. Division VI Opinion by JUDGE FURMAN Carparelli and Gabriel, JJ., concur

17 -17- Court of Appeals No. 12CA1992 City and County of Denver District Court No. 98CR1295 Honorable Shelley I. Gilman, Judge Major Daniel Vann, Division III Opinion by JUDGE J. JONES Román and Sternberg*, JJ., concur Court of Appeals No. 12CA2039 Weld County District Court No. 11CV908 Honorable Kenneth M. Plotz, Judge Church of God, Colorado Conference, a Colorado nonprofit corporation, Plaintiff-Appellee and Cross-Appellant, West Valley Community Church, a Colorado nonprofit corporation, Defendant-Appellant and Cross-Appellee. JUDGMENT REVERSED Division V Opinion by JUDGE Márquez* Graham and Miller, JJ., concur

18 -18- Court of Appeals No. 12CA2415 Arapahoe County District Court No. 05CR2270 Honorable Harlan R. Bockman, Judge Santos A. Perez, Division II Opinion by JUDGE NIETO* Casebolt and Terry, JJ., concur Court of Appeals No. 12CA2465 Industrial Claim Appeals Office of the State of Colorado WC No Colorado Springs School District #11, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Jeffrey Hobirk, Respondents. Division III Opinion by JUDGE ROMÁN J. Jones and Kapelke*, JJ., concur

19 -19- Court of Appeals No. 12CA2576 Arapahoe County District Court No. 11CV1120 Honorable J. Mark Hannen, Judge Amber Glowan, Plaintiff-Appellant, Justin Marion, Defendant-Appellee. Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 12CA2592 Fremont County District Court No. 11CV137 Honorable David M. Thorson, Judge John H. James, Plaintiff-Appellant, Rick Raemisch, Executive Director of the Colorado Department of Corrections; Warden of Centennial Correctional Facility-South Correctional Facility; Susan Jones; Colorado Department of Corrections Librarian Personnel; Cynthia A. Smith; and Andrea Nichols, Defendants-Appellees. Division II Opinion by JUDGE STERNBERG* Casebolt and Terry, JJ., concur

20 -20- Court of Appeals No. 12CA2641 Industrial Claim Appeals Office of the State of Colorado DD No Jennifer L. Osborne, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Isle of Capri Black Hawk, LLC, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE PLANK* Román and J. Jones, JJ., concur Court of Appeals No. 13CA0014 Kit Carson County District Court No. 10DR46 Honorable Douglas R. Vannoy, Judge In re the Marriage of Brandie Pino, Appellant, and Rory Pino, Appellee. JUDGMENT AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

21 -21- Court of Appeals No. 13CA0147 Arapahoe County District Court No. 92CR198 Honorable Valeria N. Spencer, Judge William Charles Gilmore, Division VII Opinion by JUDGE FOX Hawthorne and Booras, JJ., concur Court of Appeals No. 13CA0473 Industrial Claim Appeals Office of the State of Colorado DD No Western Logistics Inc., d/b/a Diligent Delivery Systems, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Division of Employment & Training; and Martha A. Lugenbeel, Respondents. Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur

22 -22- Court of Appeals No. 13CA0605 Boulder County District Court No. 12JV121 Honorable D.D. Mallard, Judge Petitioner-Appellee, In the Interest of J.A., a Child, and Concerning N.A., Respondent-Appellant. ORDERS AFFIRMED Division VI Opinion by JUDGE LOEB Rothenberg* and Roy*, JJ., concur Court of Appeals No. 13CA0764 Fremont County District Court No. 11JV105 Honorable David M. Thorson, Judge Petitioner-Appellee, In the Interest of C.F.S., a Child, and Concerning E.D.S., Respondent-Appellant. JUDGMENT AFFIRMED Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur

23 -23- Court of Appeals No. 13CA0780 City and County of Denver Juvenile Court No. 12JV206 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of D.H., a Child, and Concerning J.M., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE ROTHENBERG* Loeb and Roy*, JJ., concur Court of Appeals No. 13CA0834 Industrial Claim Appeals Office of the State of Colorado DD No Mark R. Rapp, Petitioner, Industrial Claims Appeals Office of the State of Colorado; Davey Coach Sales, Inc.; and Thomas Davey, Respondents. Division II Opinion by JUDGE PLANK* Terry and Nieto*, JJ., concur

24 -24- Court of Appeals No. 13CA1046 Industrial Claim Appeals Office of the State of Colorado DD No Jeanette Hurd, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Hospital Shared Services, Inc., Respondents. Division II Opinion by JUDGE NIETO* Terry and Plank*, JJ., concur Court of Appeals No. 13CA1334 Pueblo County District Court No. 13MH234 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Terry Allen Long, Respondent-Appellant. Division II Opinion by JUDGE TERRY Sternberg* and Plank*, JJ., concur

25 -25- Court of Appeals No. 13CA1350 City and County of Denver Probate Court No. 13MH480 Honorable Elizabeth D. Leith, Judge Petitioner-Appellee, In the Interest of Pratibha Anand, Respondent-Appellant. Division IV Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur

26 -26- Court of Appeals No. 09CA0808 P E T I T I O N S F O R R E H E A R I N G Louis Edward Bressler, Petition for Rehearing DENIED Court of Appeals No. 10CA0147 Donald John Walker, Petition for Rehearing DENIED

27 -27- Court of Appeals No. 10CA1098 Drew Scott Dempsey, Petition for Rehearing DENIED Court of Appeals No. 10CA2427 Matthew Ladaniel Johnson, Petition for Rehearing DENIED

28 -28- Court of Appeals No. 11CA2343 Fritz Daniel Schneider, Petition for Rehearing DENIED Court of Appeals No. 12CA0311 Donald Lane Betts, Petition for Rehearing DENIED

29 -29- Court of Appeals No. 12CA0719 Bill J. Hall, Plaintiff-Appellant, Town of Gilcrest, Colorado, a Colorado municipal corporation; and Menda K. Warne, an individual, Defendants-Appellees. Prior Opinion Announced September 12, 2013, WITHDRAWN Petition for Rehearing GRANTED Court of Appeals No. 12CA0740 Plaintiff- Appellee, Cynthia Renee Pinkey, Petition for Rehearing DENIED

30 -30- Court of Appeals No. 12CA0945 Harold E. Miller, III, Petitioner-Appellant Colorado Division of Insurance, Respondent-Appellee. Petition for Rehearing DENIED Court of Appeals No. 12CA0997 In re the Parental Responsibilities of E.S.L.K, a Child, Michelle Krause, Appellant, and Michael Longacre, Appellee. Petition for Rehearing DENIED

31 -31- Court of Appeals No. 12CA1450 In re the Marriage of Melek Alexander-Yates, Appellee, and Clay Alexander, Appellant. Petition for Rehearing DENIED Court of Appeals No. 12CA1680 In re the Marriage of Patricia Lynn Anselmo, Appellant, and Michael Shaun Anselmo, Appellee. Petition for Rehearing DENIED

32 -32- Court of Appeals No. 12CA2197 In re the Marriage of Patricia Lynn Anselmo, Appellant, and Michael Shaun Anselmo, 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