-1- ANNOUNCEMENTS Colorado Court of Appeals March 17, 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 10CA1937 Weld County District Court No. 09CR1039 Honorable Gilbert A. Gutierrez, Judge John Sandoval, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FURMAN Navarro and Berger, JJ., concur

2 -2- Court of Appeals No. 11CA0518 City and County of Denver District Court No. 08CR10479 Honorable Christina M. Habas, Judge Brian Hicks, JUDGMENT AND SENTENCE AFFIRMED Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur Court of Appeals No. 11CA2535 City and County of Denver District Court No. 08CR10480 Honorable Christina M. Habas, Judge Willie Clark, Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur

3 -3- Court of Appeals No. 12CA1822 Adams County District Court No. 11CR855 Honorable John E. Popovich, Judge Jeffrey Allen Foos, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Bernard and Rothenberg*, JJ., concur Court of Appeals No. 12CA2275 City and County of Denver District Court No. 12CR8 Honorable Morris B. Hoffman, Judge Kenneth Hayes Dickey, Division VII Opinion by JUDGE NIETO* Loeb, C.J., and Plank*, J., concur

4 -4- Court of Appeals No. 12CA2503 Boulder County District Court No. 11CR858 Honorable John N. McMullen, Judge Julianna Rigby, Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur Court of Appeals No. 13CA0787 City and County of Denver District Court No. 11CR2007 Honorable Sheila A. Rappaport, Judge David Eugene Davalos, Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur

5 -5- Court of Appeals No. 13CA1344 Weld County District Court No. 12CR1586 Honorable Shannon D. Lyons, Judge Andy Russell Salazar, Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur Court of Appeals No. 13CA2116 Weld County District Court No. 12CR1084 Honorable Todd L. Taylor, Judge Guy Aragon, Division VII Opinion by JUDGE BERGER Richman and Dunn, JJ., concur

6 -6- Court of Appeals No. 14CA0647 Jefferson County District Court No. 13CR966 Honorable Randall C. Arp, Judge Robert Sean Ballage, Division VI Opinion by JUDGE NAVARRO Freyre and Nieto*, JJ., concur Court of Appeals No. 14CA1395 Weld County District Court No. 13CR978 Honorable Shannon D. Lyons, Judge Luis Angel Alvidrez-Romero, JUDGMENT AND SENTENCE VACATED Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur

7 -7- Court of Appeals No. 14CA1963 El Paso County District Court No. 10CR358 Honorable Barney Iuppa, Judge Joshua Levi Alger, Division VI Opinion by JUDGE NAVARRO Freyre and Nieto*, JJ., concur Court of Appeals No. 14CA2308 Adams County District Court No. 13CR3351 Honorable Katherine R. Delgado, Judge Allen Lee Grider, Division VI Opinion by JUDGE NIETO* Navarro and Freyre, JJ., concur

8 -8- Court of Appeals No. 15CA0205 El Paso County District Court No. 06DR4278 Honorable Larry E. Schwartz, Judge In re the Marriage of Sharyll Thomas, Appellee, and Joshua Thomas, Appellant. ORDER AFFIRMED Division VI Opinion by JUDGE NAVARRO Freyre and Nieto*, JJ., concur Court of Appeals No. 15CA0214 Kit Carson County District Court No. 10CV42 Honorable Michael K. Singer, Judge Patrick Duray Portley-El, Plaintiff-Appellant, Chaplain Dycus, Kevin Winslow, Kit Carson Correctional Center, and Colorado Department of Corrections, Defendants-Appellees. JUDGMENTS AFFIRMED Division VI Opinion by JUDGE FREYRE Navarro and Nieto*, JJ., concur

9 -9- Court of Appeals No. 15CA0250 Weld County District Court No. 13CR588 Honorable Timothy G. Kerns, Judge Hector Duran-Sanchez, Division VI Opinion by JUDGE NIETO* Navarro and Freyre, JJ., concur Court of Appeals No. 15CA0259 Fremont County District Court No. 96CR393 Honorable Carol Glowinsky, Judge Fred A. Ciancio, ORDER AFFIRMED Division V Opinion by JUDGE FURMAN Bernard and Lichtenstein, JJ., concur

10 -10- Court of Appeals No. 15CA0268 Adams County District Court No. 07CR1801 Honorable Katherine Delgado, Judge Paul Bernard Cordova, ORDER AFFIRMED Division VI Opinion by JUDGE FREYRE Navarro and Sternberg*, JJ., concur Court of Appeals No. 15CA0359 City and County of Denver District Court No. 10CV3586 Honorable Herbert L. Stern, III, Judge Brian Savage, Thomas Sinclair, and Sokol Holdings, Inc., Plaintiffs-Appellants, Steven D. Bell and Dorsey & Whitney LLP, Defendants-Appellees. Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur

11 -11- Court of Appeals No. 15CA0750 City and County of Denver District Court No. 14CV677 Honorable Michael J. Vallejos, Judge Thomas R. Anthony, Plaintiff-Appellant, Board of Adjustment for Zoning Appeals and Manager of Safety/Board of Appeals, agencies of the City and County of Denver, Defendants-Appellees. ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur Court of Appeals No. 15CA0761 Larimer County District Court No. 02CR315 Honorable Daniel J. Kaup, Judge Michael Douglas Rea, II, ORDER AFFIRMED Division V Opinion by JUDGE BERNARD Furman and Lichtenstein, JJ., concur

12 -12- Court of Appeals No. 15CA0858 City and County of Denver Juvenile Court No. 14JD374 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of A.C., Juvenile-Appellant. JUDGMENT AND ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE LOEB Sternberg* and Davidson*, JJ., concur Court of Appeals No. 15CA0995 Adams County District Court No. 07CR1715 Honorable Robert W. Kiesnowski, Judge James M. Spencer, ORDER AFFIRMED Division V Opinion by JUDGE LICHTENSTEIN Furman and Bernard, JJ., concur

13 -13- Court of Appeals No. 15CA1348 City and County of Denver Juvenile Court No. 14JV519 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of L.R.M., A.S.M., and M.A.B., Children, and Concerning D.M.M., Respondent-Appellant. Division V Opinion by JUDGE BERNARD Furman and Lichtenstein, JJ., concur Court of Appeals No. 15CA1481 Industrial Claim Appeals Office of the State of Colorado WC No Keith Sanchez, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Pinnacol Assurance, and Honnen Equipment Company, Respondents. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FREYRE Navarro and Vogt*, JJ., concur

14 -14- Court of Appeals No. 15CA1563 Industrial Claim Appeals Office of the State of Colorado DD No Christopher M. Bachmann, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance, Respondents. ORDER AFFIRMED IN PART, SET ASIDE IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HARRIS Hawthorne and Román, JJ., concur Court of Appeals No. 15CA1645 Washington County District Court No. 14JV5 Honorable Kevin L. Hoyer, Judge Petitioner-Appellee, In the Interest of N.R.B., D.L.B., and P.A.B., Children, and Concerning M.A.B., Respondent-Appellant. Division A Opinion by JUDGE STERNBERG* Loeb, C.J., and Davidson*, J., concur

15 -15- Court of Appeals No. 15CA1672 Mesa County District Court No. 13JV194 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of B.L., a Child, and Concerning J.L., Respondent-Appellant. IN PART AND VACATED IN PART Division A Opinion by JUDGE DAVIDSON* Loeb, C.J., and Sternberg*, J., concur

16 -16- Court of Appeals No. 12CA2519 P E T I T I O N S F O R R E H E A R I N G Fred Edward Mestas, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 13CA1850 William Edward Johnson, Petition for Rehearing DENIED

17 -17- Court of Appeals No. 14CA0315 Jimmy Joseph Vasquez, Petition for Rehearing DENIED Court of Appeals No. 14CA1767 Grand County Board of Commissioners and Larimer County Board of Commissioners, Petitioners-Appellants, Colorado Property Tax Administrator, Respondent-Appellee, and YMCA of the Rockies, Intervenor-Appellee, and Board of Assessment Appeals, Appellee. Petition for Rehearing DENIED

18 -18- Court of Appeals No. 14CA2520 Audrey Lee Tennyson, Petition for Rehearing DENIED

19 -19- M O D I F I E D O P I N I O N S Court of Appeals No. 13CA1857 Boulder County District Court No. 12CR527 Honorable Thomas F. Mulvahill, Judge Giles Howarth Locke, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Opinion Modified On the Court s Own Motion Announced March 3, 2016 *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S