-1- ANNOUNCEMENTS Colorado Court of Appeals November 27, 2013

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1 -1- COLORADO COURT OF APPEALS NOVEMBER 27, 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. 09CA1514 Jefferson County District Court No. 08CR1860 Honorable Margie L. Enquist, Judge Gary Wendell Martin, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur

2 -2- Court of Appeals No. 09CA2432 Arapahoe County District Court No. 97CR326 Honorable Robert H. Russell, Judge Barbara A. Freeman, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE CARPARELLI Román and Terry, JJ., concur Court of Appeals No. 10CA0413 Park County District Court No. 09CR797 Honorable Stephen A. Groome, Judge Jay L. Hamburg, JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE CARPARELLI Furman and Gabriel, JJ., concur

3 -3- Court of Appeals No. 10CA1266 Jefferson County District Court No. 09CR1229 Honorable R. Brooke Jackson, Judge Todd Vincent Pattee, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Lichtenstein and Miller, JJ., concur Court of Appeals No. 10CA1571 El Paso County District Court No. 09CR3141 Honorable Kirk S. Samelson, Judge John Thomas Isenhart, SENTENCE AFFIRMED Division III Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur

4 -4- Court of Appeals No. 10CA1944 Arapahoe County District Court No. 08CR2743 Honorable Carlos A. Samour, Jr., Judge Benjamin Guardado Granados, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 10CA2149 El Paso County District Court No. 09CR1834 Honorable Deborah J. Grohs, Judge Honorable Robert W. Ogburn, Judge Derek Lee Hernandez, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ROTHENBERG* Furman and Gabriel, JJ., concur

5 -5- Court of Appeals No. 10CA2358 El Paso County District Court No. 09CR1165 Honorable Gregory R. Werner, Judge Adam Michael Teague, ORDER AFFIRMED IN PART AND REVERSED IN PART Division III Opinion by JUDGE ROMÁN Dailey and J. Jones, JJ., concur Court of Appeals No. 11CA0014 Douglas County District Court No. 09CR464 Honorable Vincent White, Judge Jacob Huerta, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur

6 -6- Court of Appeals No. 11CA0057 Mesa County District Court Nos. 10CR82 & 10CR797 Honorable Brian J. Flynn, Judge Amy Ann Adamson, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE GRAHAM Navarro, J., concurs Richman, J., dissents Court of Appeals No. 11CA0339 City and County of Denver District Court No. 08CR3793 Honorable William D. Robbins, Judge John Frederick Todoroki, JUDGMENT AFFIRMED Division VI Opinion by JUDGE CARPARELLI Furman and Gabriel, JJ., concur

7 -7- Court of Appeals No. 11CA0873 Douglas County District Court No. 08CR748 Honorable Richard B. Caschette, Judge Honorable Nancy A. Hopf, Judge Nicholas John Wells, JUDGMENT AFFIRMED Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 11CA1754 Adams County District Court No. 10CR2876 Honorable Chris Melonakis, Judge Joshua Raymond Wittig, JUDGMENT AFFIRMED Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur

8 -8- Court of Appeals No. 11CA2512 El Paso County District Court No. 10CR4036 Honorable Barney Iuppa, Judge Domonic Lencho Garcia, JUDGMENT AFFIRMED Division I Opinion by JUDGE ROTHENBERG* Taubman and Miller, JJ., concur Court of Appeals No. 12CA0270 Adams County District Court No. 10CR2821 Honorable C. Scott Crabtree, Judge Honorable Chris Melonakis, Judge Dennis Raymond Bachy, JUDGMENT AFFIRMED Division III Opinion by JUDGE J. JONES Dailey and Román, JJ., concur

9 -9- Court of Appeals No. 12CA0544 Weld County District Court Nos. 11CR865 & 11CR901 Honorable Julie C. Hoskins, Judge Honorable Thomas J. Quammen, Judge Steven Adam Garcia, JUDGMENT AFFIRMED Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur Court of Appeals No. 12CA1720 Jefferson County District Court No. 05CR4231 Honorable Christopher C. Zenisek, Judge Honorable R. Brooke Jackson, Judge Kenji Myricks Jones, ORDER AFFIRMED Division V Opining by JUDGE RICHMAN Graham and Navarro, JJ., concur

10 -10- Court of Appeals No. 12CA1906 City and County of Denver District Court No. 12CV138 Honorable Kenneth M. Laff, Judge Debra Seebauer, William F. Chinnock, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DUNN Webb and Bernard, JJ., concur Court of Appeals No. 12CA1980 Montezuma County District Court No. 06CV53 Honorable Douglas S. Walker, Judge Patricia L. Waggerby, Individually and in her capacity as Personal Representative of the Estate of Ruth L. Smith, deceased; and Shirley L. Davidson, Plaintiffs-Appellees, Marvin E. Smith, APPEAL DISMISSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

11 -11- Court of Appeals No. 12CA2188 Arapahoe County District Court No. 10DR1774 Honorable Robert H. Russell, Judge In re the Marriage of Catherine C. Crane, Appellant and Cross-Appellee, and Todd C. Baucom, Appellee and Cross-Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE NAVARRO Graham and Richman, JJ., concur Court of Appeals No. 12CA2208 City and County of Denver District Court No. 08CR3789 Honorable Anne M. Mansfield, Judge James Phillips, ORDER AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

12 -12- Court of Appeals No. 12CA2268 Mesa County District Court No. 01CR429 Honorable Valerie J. Robinson, Judge Kevin Andrew Starkey, ORDER AFFIRMED Division VII Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur Court of Appeals No. 12CA2520 Mesa County District Court No. 12CR80 Honorable Thomas M. Deister, Judge Robert Arthur Kekic, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE LOEB Sternberg* and Ney*, JJ., concur

13 -13- Court of Appeals No. 12CA2546 Industrial Claim Appeals Office of the State of Colorado WC No John Pellouchoud, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Intelagard, Inc./Insperity; and Indemnity Insurance Company of N. America, Respondents. ORDER AFFIRMED Division A Opinion by CHIEF JUDGE LOEB Sternberg* and Ney*, JJ., concur Court of Appeals No. 13CA0092 Douglas County District Court No. 12CV1582 Honorable Paul A. King, Judge Richard Hernandez, Plaintiff-Appellant, Colorado Department of Revenue, Motor Vehicle Division, Defendant-Appellee. JUDGMENT AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur

14 -14- Court of Appeals No. 13CA0137 Office of Administrative Courts No. OS Thomas E. Cave, Petitioner-Appellant, Anne McGihon, Respondent-Appellee. ORDER AFFIRMED Division VII Opinion by JUDGE BOORAS Hawthorne and Fox, JJ., concur Court of Appeals No. 13CA0186 Industrial Claim Appeals Office of the State of Colorado WC No Qwest Communications, a/k/a Centurylink and Sedgwick Claims Management Services, Inc., Petitioner, Industrial Claim Appeals Office of the State of Colorado and William Miller, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

15 -15- Court of Appeals No. 13CA0203 Fremont County District Court No. 12CV229 Honorable David M. Thorson, Judge John H. James, Plaintiff-Appellant, Director of the Colorado Department of Corrections; Susan Jones, Warden of the Centennial Correctional Facility South Correctional Facility; Sean Foster, Associate Warden; Captain Lisac; Lieutenant Angela Tidemann; Lieutenant Pratt; Lieutenant Kirk; Sergeant Pacino; and Dennis Burbank, Defendants-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Lichtenstein and Miller, JJ., concur Court of Appeals No. 13CA0269 Boulder County District Court No. 11CV1355 Honorable D.D. Mallard, Judge Richard P. Anderson, as Personal Representative of the Estate of Herman C. Anderson, and Mariette G. Anderson, Plaintiffs-Appellants, Eric I. Garfinkel and Diane W. Garfinkel, Defendants-Appellees. JUDGMENT AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Lichtenstein, JJ., concur

16 -16- Court of Appeals No. 13CA0406 San Miguel County District Court No. 11CV151 Honorable Mary E. Deganhart, Judge Sandra Ippolite, James T. Tschinkel; Christine Tschinkel; and Diamond T. Construction, Inc., a Colorado corporation, Defendants, and Peter A. Ricciardelli, Attorney-Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur

17 -17- Court of Appeals No. 13CA0872 Industrial Claim Appeals Office of the State of Colorado DD No Front Range Legal Process Service, Inc., a Colorado corporation, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE STERNBERG* Loeb, C.J., and Ney*, J., concur Court of Appeals No. 13CA0946 Cheyenne County District Court No. 12JV7 Honorable Stanley A. Brinkley, Judge Petitioner-Appellee, In the Interest of A.G.W., a Child, and Concerning C.H. and C.W., Respondents-Appellants. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE GRAHAM Richman and Navarro, JJ., concur

18 -18- Court of Appeals No. 12CA1348 P E T I T I O N S F O R R E H E A R I N G Craig Robledo, Petition for Rehearing DENIED Court of Appeals No. 12CA1388 Monaco Place Association, Inc., Van Der Jagt 2003 Family Trust, Petition for Rehearing DENIED

19 -19- Court of Appeals No. 12CA1613 St. Sophia Partners, LLLP, Plaintiff-Appellant and Cross-Appellee, CO Lot 161C-R Mountain Village, LLC, Defendant-Appellee and Cross-Appellant. Petition for Rehearing DENIED Court of Appeals No. 12CA1715 John Gregory and Mary Lou Gregory, Plaintiffs-Appellants, Fidelity National Title Insurance Company and Fidelity National Financial, Inc., Defendants-Appellees. Petition for Rehearing DENIED

20 -20- Court of Appeals No. 12CA2258 Sharon Magness Blake, Plaintiff-Appellant, Windsor North Ranch, LLC, a Colorado limited liability company; and Lot Holding Investments, LLC, a Colorado limited liability company, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 12CA2467 Petitioner-Appellee, In the Interest of P.W., a Child, and Concerning M.A., Respondent-Appellant. Petition for Rehearing DENIED Terry, J., would GRANT

21 -21- Court of Appeals No. 13CA0746 People of the State of Colorado, Hubert Underwood, Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S