-1- ANNOUNCEMENTS Colorado Court of Appeals April 2, 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 11CA0580 Pueblo County District Court No. 09CR1009 Honorable Thomas B. Flesher, Judge James Joseph Dall, JUDGMENT AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur

2 -2- Court of Appeals No. 11CA1843 City and County of Broomfield District Court No. 10CR109 Honorable Thomas R. Ensor, Judge Travis Jon Masse, JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur Court of Appeals No. 11CA2410 Weld County District Court No. 06CR1812 Honorable Timothy G. Kerns, Judge Carlos David Valenzuela, Division II Opinion by JUDGE GRAHAM Casebolt and Dunn, JJ., concur

3 -3- Court of Appeals No. 12CA0132 Arapahoe County District Court No. 97CR2802 Honorable Timothy L. Fasing, Judge Gary Anthony Brewster, SENTENCE AFFIRMED Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur Court of Appeals No. 12CA0531 Mesa County District Court No. 05CR2090 Honorable Brian J. Flynn, Judge Edward Morfin, SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur

4 -4- Court of Appeals No. 12CA0965 Morgan County District Court No. 11CR165 Honorable Kevin L. Hoyer, Judge Billy David Mackey, JUDGMENT AFFIRMED, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 12CA1640 Arapahoe County District Court No. 04CR1612 Honorable John L. Wheeler, Judge Sebet Andon Redgebol, ORDER AND SENTENCE AFFIRMED Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur

5 -5- Court of Appeals No. 12CA1782 El Paso County District Court No. 07CR1443 Honorable David L. Shakes, Judge Robert James Watkins, Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 12CA2598 Mesa County District Court No. 11CR419 Honorable Brian J. Flynn, Judge Lonnie Ray Jarrell, JUDGMENT REVERSED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur

6 -6- Court of Appeals No. 13CA0039 El Paso County District Court No. 03CR2967 Honorable Theresa M. Cisneros, Judge David Monroe Bean, Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur Court of Appeals No. 13CA0536 Boulder County District Court No. 09CR2035 Honorable M. Gwyneth Whalen, Judge Shams Abdul-Rahman, Division IV Opinion by JUDGE BERNARD Hawthorne and Miller, JJ., concur

7 -7- Court of Appeals No. 13CA0882 Pueblo County District Court No. 00CR1779 Honorable Victor I. Reyes, Judge Victor Dennis Baca, Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 13CA0883 Arapahoe County District Court No. 08CR3050 Honorable Elizabeth Beebe Volz, Judge Isaac Roger Aceves, JUDGMENT AND Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur

8 -8- Court of Appeals No. 13CA0932 El Paso County District Court No. 12CR339 Honorable Scott A. Sells, Judge Frani Lisa Olivas, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE RICHMAN Dailey and Webb, JJ., concur Court of Appeals No. 13CA1060 City and County of Denver District Court No. 11CR800 Honorable John W. Madden, IV, Judge Nathan Isaac Poindexter, JUDGMENT AFFIRMED Division V Opinion by JUDGE ROMÁN Terry and Ashby, JJ., concur

9 -9- Court of Appeals No. 13CA1714 Larimer County District Court No. 99CR1558 Honorable Daniel J. Kaup, Judge Conrad J. Gonzales, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur Court of Appeals No. 13CA1765 Larimer County District Court No. 96CR962 Honorable Gregory M. Lammons, Judge Terry Wayne Loader, Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur

10 -10- Court of Appeals No. 13CA1883 Douglas County District Court No. 10CR583 Honorable Paul A. King, Judge Geoffrey Oliver Johnston, SENTENCE AFFIRMED Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur Court of Appeals No. 13CA1896 City and County of Denver District Court No. 04CR4896 Honorable William D. Robbins, Judge Danny Shea, Division I Opinion by JUDGE GABRIEL Taubman and Booras, JJ., concur

11 -11- Court of Appeals No. 13CA2051 City and County of Denver District Court No. 05CR1108 Honorable Sheila A. Rappaport, Judge Willie Dee Hayward, Jr., Division II Opinion by JUDGE GRAHAM Casebolt and Dunn, JJ., concur Court of Appeals No. 13CA2060 Adams County District Court No. 12CV1049 Honorable C. Scott Crabtree, Judge Lyudmila Aylyarova and Isaak Abramov, Plaintiffs-Appellants, Pudge Brothers Pizza Corporation, a Colorado corporation; and Boris Vitkun, individually and in his capacity as Vice President of Pudge Brothers Pizza Corporation, Defendants-Appellees. JUDGMENT AND Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur

12 -12- Court of Appeals No. 13CA2269 Weld County District Court No. 03CV1529 Honorable Daniel S. Maus, Judge Robert A. Ausenhus, Plaintiff-Appellee and Cross-Appellant, John C. Windsor, Jr., and Janice P. Windsor, Defendants-Appellants and Cross-Appellees. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Dailey and Richman, JJ., concur Court of Appeals No. 13CA2288 Arapahoe County District Court No. 11CR664 Honorable Gerald J. Rafferty, Judge Mikel Troy Mewbourn, Division VII Opinion by JUDGE BERGER Lichtenstein and Navarro, JJ., concur

13 -13- Court of Appeals No. 13CA2301 El Paso County District Court Nos. 06CR4005, 06CR5051, 06CR5412 & 06CR5519 Honorable Tim J. Schutz, Judge William Allen Gregg, Division III Opinion by JUDGE DAILEY Webb and Richman, JJ., concur Court of Appeals No. 13CA2344 El Paso County District Court No. 03CR2741 Honorable Theresa M. Cisneros, Judge David Lamar Powell, Division I Opinion by JUDGE MÁRQUEZ* Taubman and Gabriel, JJ., concur

14 -14- Court of Appeals No. 14CA0201 Jefferson County District Court No. 11CR2631 Honorable Randall C. Arp, Judge Cassandra Janine Ghirardi, SENTENCE AFFIRMED Division II Opinion by JUDGE GRAHAM Casebolt and Dunn, JJ., concur Court of Appeals No. 14CA0247 City and County of Denver District Court No. 10CV3923 Honorable Kenneth M. Laff, Judge Carnation Building Services, Inc., a Colorado corporation, City and County of Denver, a municipal corporation and political subdivision of the State of Colorado, JUDGMENT AFFIRMED Division VII Opinion by JUDGE BERGER Navarro and Ney*, JJ., concur

15 -15- Court of Appeals No. 14CA0269 City and County of Denver District Court No. 12CV4867 Honorable J. Eric Elliff, Judge Briargate at Seventeenth Avenue Owners Association, John G. Nelson, JUDGMENT REVERSED AND CASE REMANDED WITH INSTRUCTIONS Division II Opinion by JUDGE CASEBOLT Graham and Dunn, JJ., concur Court of Appeals No. 14CA0370 Larimer County District Court No. 12DR865 Honorable Gregory M. Lammons, Judge In re the Marriage of Cathleen Ann Dedoes-Larson, Appellant, and Nels Louis Larson, Appellee. JUDGMENT AFFIRMED Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur

16 -16- Court of Appeals No. 14CA0456 Jefferson County District Court No. 97DR2700 Honorable Lily W. Oeffler, Judge In re the Support of S.A.S., a Child, and Concerning Kristina L. Senecaut, Petitioner-Appellee, and Shawn Perrie Senecaut, Respondent-Appellant. Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur

17 -17- Court of Appeals No. 14CA0488 El Paso County District Court No. 11DR1720 Honorable Barney Iuppa, Judge In re the Parental Responsibilities of L.S.L., a Child, and Concerning Sean Patrick Lake, Appellant, and Cara Bridget Lord, Respondent, and El Paso County Child Support Enforcement Unit, Intervenor-Appellee. Division V Opinion by JUDGE ASHBY Román and Terry, JJ., concur

18 -18- Court of Appeals No. 14CA0664 Board of Assessment Appeals Case No Linda M. Shepherd and Gaylord B. Buck III, Petitioners-Appellants, Jefferson County Board of Equalization, Respondent-Appellee, and Board of Assessment Appeals, Appellee. Division IV Opinion by JUDGE MILLER Hawthorne and Bernard, JJ., concur

19 -19- Court of Appeals No. 14CA1048 Adams County District Court No. 12CR582 Honorable Thomas R. Ensor, Judge Charles Daniel Cousino, JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DUNN Casebolt and Graham, JJ., concur Court of Appeals No. 14CA1373 Arapahoe County District Court No. 13DR30150 Honorable Michelle A. Amico, Judge In re the Marriage of Janet Marie Dalen, Appellant, and Jeffrey Alan Dalen, Appellee. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Navarro and Vogt*, JJ., concur

20 -20- Court of Appeals No. 15CA0058 Pueblo County District Court No. 14MH462 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Brian Carroll Campbell, Respondent-Appellant. Division I Opinion by JUDGE TAUBMAN Gabriel and Booras, JJ., concur Court of Appeals No. 15CA0059 Pueblo County District Court No. 14MH353 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Rae Lena Stanley, Respondent-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Lichtenstein and Navarro, JJ., concur

21 -21- Court of Appeals No. 09CA0736 P E T I T I O N S F O R R E H E A R I N G Susie Ida Quartey, Petition for Rehearing DENIED Court of Appeals No. 11CA2040 Logan Scott McClelland, Petition for Rehearing DENIED

22 -22- Court of Appeals No. 11CA2469 Moises Fuerte-Rios, Opinion Modified and Petitions for Rehearing DENIED Court of Appeals No. 12CA1143 Zachariah Clark Dobler, Petition for Rehearing DENIED

23 -23- Court of Appeals No. 13CA0313 Douglas Clyde Demos, Petition for Rehearing DENIED Court of Appeals No. 14CA1733 Independent Bank, a Michigan bank, Joseph T. Pandy, Trustee, a/k/a Joseph Pandy Jr.; Elizabeth Pandy, Trustee, a/k/a Elizabeth A. Pandy; Joseph Pandy Jr. & Elizabeth Pandy Living Trust, a/k/a Joseph Pandy Jr. and Elizabeth A. Pandy Living Trust Dated No 10, 2003, Defendants-Appellants. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S