-1- ANNOUNCEMENTS Colorado Court of Appeals December 27, 2018

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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 2018COA179 Court of Appeals No. 15CA2010 Larimer County District Court No. 14CR1075 Honorable Stephen J. Schapanski, Judge Mark Anthony Jaeb, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Román and Berger, JJ., concur

2 COA180 Court of Appeals No. 16CA1134 Weld County District Court No. 15CR159 Honorable Julie C. Hoskins, Judge Tanya Marie Garcia, Division V Opinion by JUDGE RICHMAN Román and Berger, JJ., concur 2018COA181 Court of Appeals No. 17CA1690 Gilpin County District Court No. 00CR57 Honorable David C. Taylor, Judge Gustavo Adolfo Vargas-Reyes, APPEAL DISMISSED Opinion by JUDGE TOW Hawthorne and Márquez*, JJ., concur

3 COA182 Court of Appeals No. 17CA2104 City and County of Denver District Court No. 17CV32460 Honorable Jennifer B. Torrington, Judge Kelly A. Trujillo, Regional Transportation District, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Dailey and Lichtenstein, JJ., concur 2018COA183 Court of Appeals No. 18CA0160 Routt County District Court No. 17PR30024 Honorable Michael A. O Hara, Judge In re the Estate of Louis Rabin, deceased. Claudine Rabin, Appellant, Mark A. Freirich, Appellee. ORDERS AFFIRMED IN PART AND REVERSED IN PART Opinion by JUDGE TOW Hawthorne and Nieto*, JJ., concur

4 -4- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 14CA2360 City and County of Denver District Court No. 13CR6165 Honorable Martin F. Egelhoff, Judge Henry A. Portillo,, SENTENCE AFFIRMED IN PART AND VACATED IN PART, ORDER AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DUNN Bernard, C.J., and Webb, J., concur Prior Opinion Announced February 2, 2017, WITHDRAWN

5 -5- Court of Appeals No. 15CA0536 Logan County District Court No. 13CR10 Honorable Charles M. Hobbs, Judge Michael W. Struckmeyer, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Richman and Berger, JJ., concur Court of Appeals No. 15CA1439 El Paso County District Court No. 14CR4226 Honorable Scott A. Sells, Judge Larry Shaun Smith,, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE HAWTHORNE Tow, J., concurs Nieto*, J., specially concurs

6 -6- Court of Appeals No. 16CA0466 Jefferson County District Court No. 15CR793 Honorable Christopher J. Munch, Judge Geoffrey Lee Moranty, Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur Court of Appeals No. 16CA1250 Conejos County District Court No. 15CR49 Honorable Michael A. Gonzales, Judge Oliver Ray Carbutt, ORDER AFFIRMED Division II Opinion by JUDGE TOW Dunn, J., concurs Carparelli*, J. specially concurs

7 -7- Court of Appeals No. 16CA1440 Arapahoe County District Court No. 14CR299 Honorable Patricia D. Herron, Judge Timothy A. Shelton, ORDER AFFIRMED Division V Opinion by JUDGE ROMÁN Richman and Berger, JJ., concur Court of Appeals No. 16CA2193 La Plata County District Court No. 15CR292 Honorable Suzanne F. Carlson, Judge Hakim Antoin Reddy, SENTENCE AFFIRMED, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE MILLER* Hawthorne and Tow, JJ., concur

8 -8- Court of Appeals No. 17CA0116 City and County of Denver District Court No. 00CR2361 Honorable Edward D. Bronfin, Judge Johnny Ray Thompson, SENTENCE VACATED IN PART AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Román and Berger, JJ., concur Court of Appeals No. 17CA1134 Kit Carson County District Court No. 16CR36 Honorable M. Jon Kolomitz, Judge Raymond Scott Nix, Opinion by JUDGE TOW Hawthorne and Miller*, JJ., concur

9 -9- Court of Appeals No. 17CA1164 City and County of Denver District Court No. 86CR1039 Honorable Kandace C. Gerdes, Judge Nelson Stubblefield, ORDER AFFIRMED Opinion by JUDGE HAWTHORNE Tow and Davidson*, JJ., concur Court of Appeals No. 17CA1177 Pitkin County District Court No. 14JV7 Honorable John F. Neiley, Judge Petitioner-Appellee, In the Interest of L.C. and H.C., Children, and Concerning N.C., Respondent-Appellant. Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur

10 -10- Court of Appeals No. 17CA1242 Adams County District Court No. 87CR504 Honorable Thomas R. Ensor, Judge Thomas J. Howell, ORDER VACATED IN PART AND APPEAL DISMISSED IN PART Opinion by JUDGE TOW Hawthorne and Davidson*, JJ., concur

11 -11- Court of Appeals No. 17CA1278 Arapahoe County District Court No. 16CV31635 Honorable Elizabeth Beebe Volz, Judge Will Nieto, Plaintiff-Appellee and Cross-Appellant, Cherry Creek Properties PM, LLC, a Colorado limited liability company; and Constantine Sarganis, a/k/a Dino Sarganis, Defendants-Appellants and Cross-Appellees, and Vision Quest Homes, LLC, a Colorado limited liability company, Third-Party Defendant-Appellee and Cross-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Casebolt*, J., concurs Berger, J., specially concurs

12 -12- Court of Appeals No. 17CA1454 Arapahoe County District Court No. 01CR217 Honorable Patricia D. Herron, Judge Andre Tolson, ORDER AFFIRMED Opinion by CHIEF JUDGE BERNARD Hawthorne and Tow, JJ., concur Court of Appeals No. 17CA1972 Industrial Claim Appeals Office of the State of Colorado DD No Wellness Center, LLC, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Dana E. Marlow, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CARPARELLI* Dunn and Tow, JJ., concur

13 -13- Court of Appeals No. 17CA2006 Arapahoe County District Court No. 16JV194 Honorable Theresa M. Slade, Judge Petitioner-Appellee, In the Interest of A.H. and A.R., Children, and Concerning T.R. and R.R., Respondents-Appellants. Division II Opinion by JUDGE ASHBY Dailey and Lichtenstein, JJ., concur Court of Appeals No. 17CA2063 Grand County District Court Nos. 16JV4 & 17JR1 Honorable Mary C. Hoak, Judge Petitioner-Appellee, In the Interest of L.J.W., a Child, and Concerning P.G. and J.W., Respondents-Appellants. JUDGMENTS AFFIRMED Opinion by JUDGE KAPELKE* Hawthorne and Tow, JJ., concur

14 -14- Court of Appeals No. 17CA2087 El Paso County District Court No. 16DR30420 Honorable Marla R. Prudek, Judge In re the Marriage of Dana Berg, Appellee, and Cory Smith, Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Richman and Berger, JJ., concur Court of Appeals No. 17CA2154 Mesa County District Court No. 17CR562 Honorable Valerie J. Robison, Judge Dana Hamlett, Division VI Opinion by JUDGE FREYRE Furman and Dunn, JJ., concur

15 -15- Court of Appeals No. 17CA2189 City and County of Denver District Court No. 14CR4813 Honorable William D. Robbins, Judge Stacey Mariney, ORDER AFFIRMED Opinion by JUDGE HAWTHORNE Tow and Miller*, JJ., concur Court of Appeals No. 17CA2320 Garfield County District Court No. 13CV30330 Honorable James B. Boyd, Judge Orchestrate Healthcare Consulting, LLC, Carl Chin, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FREYRE Furman and Dunn, JJ., concur

16 -16- Court of Appeals No. 17CA2376 El Paso County District Court No. 16JV855 Honorable G. David Miller, Judge Petitioner-Appellee, In the Interest of M.S. and A.M.R., Children, and Concerning N.R., Respondent-Appellant. Division II Opinion by JUDGE MARTINEZ* Dailey and Márquez*, JJ., concur Court of Appeals No. 17CA2391 El Paso County District Court No. 16CR3805 Honorable David L. Shakes, Judge Joshua Daniel Reith, Division V Opinion by JUDGE ROMÁN Richman and Berger, JJ., concur

17 -17- Court of Appeals No. 18CA0031 Park County District Court No. 14DR39 Honorable Stephen A. Groome, Judge In re the Marriage of Amber Rose Pemberton, f/k/a Amber Rose Gifford, Appellant, and Jeremiah Ray Gifford, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur Court of Appeals No. 18CA0114 Boulder County District Court No. 17CV30454 Honorable Thomas F. Mulvahill, Judge Carol Rademacher, Plaintiff-Appellant, Ira E. Greschler, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FREYRE Dunn and Márquez*, JJ., concur

18 -18- Court of Appeals No. 18CA0133 Arapahoe County District Court No. 16DR30827 Honorable Frederick T. Martinez, Judge In re the Marriage of Yolanda Walker Dunham, Appellee, and Kirk Dunham, Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE FOX Taubman and Terry, JJ., concur Court of Appeals No. 18CA0387 Boulder County District Court No. 17CV30344 Honorable Nancy W. Salomone, Judge Marvin Ribelin and Shelly Ribelin, Plaintiffs-Appellants, D & P Turner Enterprises, Inc., d/b/a Midas of Longmont, Defendant-Appellee. Division VII Opinion by JUDGE NAVARRO J. Jones and Márquez*, JJ., concur

19 -19- Court of Appeals No. 18CA0396 Mesa County District Court No. 16JV235 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of J.M., a Child, and Concerning M.N. and R.E.M., Respondents-Appellants. Division III Opinion by JUDGE HARRIS Webb and Welling, JJ., concur Court of Appeals No. 18CA0679 Logan County District Court No. 17CV7 Honorable Carl S. McGuire, Judge Craig S. Robledo-Valdez, Plaintiff-Appellant, Ray Bilderaya, in his official capacity as Associate Warden of the Sterling Correctional Facility; and Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections, Defendants-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE RICHMAN Román and Berger, JJ., concur

20 -20- Court of Appeals No. 18CA0752 Adams County District Court No. 17DR465 Honorable Gregory P. Beacom, Magistrate In re the Parental Responsibilities Concerning N.J.N., a Child, and Concerning David Michael Bonham, Appellant, and Ashley Marie Nehring, Appellee. Division VI Opinion by JUDGE FREYRE Furman and Dunn, JJ., concur Court of Appeals No. 18CA0882 Adams County District Court No. 16JV189 Honorable Priscilla J. Loew, Judge Petitioner-Appellee, In the Interest of P.N., a Child, and Concerning C.N., Respondent-Appellant. Opinion by CHIEF JUDGE BERNARD Hawthorne and Tow, JJ., concur

21 -21- Court of Appeals No. 18CA1423 City and County of Denver Juvenile Court No. 16JV1604 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of E.E.W., a Child, and Concerning F.M.M., Respondent-Appellant. Opinion by JUDGE DAVIDSON* Hawthorne and Tow, JJ., concur Court of Appeals No. 18CA1902 City and County of Denver Probate Court No. 18MH1019 Honorable Beth A. Tomerlin, Magistrate Petitioner-Appellee, In the Interest of Erin Dawn Cochrane, a/k/a Erin Lighter, Respondent-Appellant. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Harris and Welling, JJ., concur

22 -22- Court of Appeals No. 16CA1106 P E T I T I O N S F O R R E H E A R I N G Andres F. Gaspar, Petition for Rehearing DENIED Dailey, J., would GRANT Court of Appeals No. 16CA2185 In re the Marriage of Laura Katherine Sartorello, Appellee, and Peter John Sartorello, Appellant. Opinion Modified and Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S