-1- ANNOUNCEMENTS Colorado Court of Appeals June 12, 2014

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1 -1- COLORADO COURT OF APPEALS JUNE 12, 2014 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. 10CA1219 Arapahoe County District Court No. 07CR1413 Honorable Valeria N. Spencer, Judge Jordan Gallentine, ORDER AND SENTENCE AFFIRMED Division V Opinion by JUDGE ASHBY Hawthorne and J. Jones, JJ., concur

2 -2- Court of Appeals No. 10CA1374 Douglas County District Court No. 08CR796 Honorable Nancy A. Hopf, Judge Taylor Lynn Moudy, JUDGMENT AND SENTENCE AFFIRMED Division I Opinion by JUDGE ROTHENBERG* Taubman and Bernard, JJ., concur Court of Appeals No. 10CA1875 El Paso County District Court No. 09CR1295 Honorable Deborah J. Grohs, Judge Mark Jonathan Walden, JUDGMENT AFFIRMED Division IV Opinion by JUDGE DUNN Graham, J., concurs Vogt*, J., specially concurs

3 -3- Court of Appeals No. 11CA1188 Mesa County District Court No. 09CR809 Honorable Valerie J. Robison, Judge Mark Edward Young, JUDGMENT AND SENTENCES AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Gabriel and Miller, JJ., concur Court of Appeals No. 11CA1379 Adams County District Court No. 10CR1820 Honorable Katherine R. Delgado, Judge Charles David Fisher, III, JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE ROY* Taubman and Navarro, JJ., concur

4 -4- Court of Appeals No. 11CA2220 Adams County District Court No. 10CR3123 Honorable Patrick T. Murphy, Judge Lewis Floyd April, JUDGMENT AFFIRMED Division V Opinion by JUDGE HAWTHORNE J. Jones and Ashby, JJ., concur Court of Appeals No. 11CA2282 Douglas County District Court No. 09CR457 Honorable Paul A. King, Judge Trevor Astry Cruz, JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE RICHMAN Román and Booras, JJ., concur

5 -5- Court of Appeals No. 12CA0005 Lincoln County District Court No. 10CR34 Honorable Jeffrey K. Holmes, Judge Alexander Valdez, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur Court of Appeals No. 12CA0624 Boulder County District Court No. 08CR1459 Honorable D. D. Mallard, Judge Duane Glenn Rogers, JUDGMENT AFFIRMED Division VII Opinion by JUDGE PLANK* Furman and Lichtenstein, JJ., concur

6 -6- Court of Appeals No. 12CA1236 City and County of Denver District Court No. 11CR3526 Honorable Anne M. Mansfield, Judge Jacob M. Shavers, JUDGMENT AFFIRMED Division II Opinion by JUDGE BERGER Casebolt, J., concurs Dailey, J., specially concurs Court of Appeals No. 12CA1669 Adams County District Court No. 93CR587 Honorable Robert W. Kiesnowski, Jr., Judge Alan Dubelman, ORDER AFFIRMED Division III Opinion by JUDGE GABRIEL Webb and Miller, JJ., concur

7 -7- Court of Appeals No. 12CA2013 Larimer County District Court No. 10CV720 Honorable Gregory M. Lammons, Judge Johnny Doe, a minor, by and through his Special Conservator, David H. Johnson, Plaintiff-Appellant, David Oehlman and Phillips Management Systems, Inc., d/b/a 451 Steakhouse Restaurant, Defendants-Appellees, and Concerning Pamela Rodden, Ph.D. JUDGMENTS AFFIRMED Division III Opinion by JUDGE WEBB Gabriel and Miller, JJ., concur Court of Appeals No. 12CA2094 Adams County District Court No. 07CV1028 Honorable C. Scott Crabtree, Judge William Ross, Third-Party Allstate Insurance Company, Third-Party APPEAL DISMISSED Division V Opinion by JUDGE HAWTHORNE Ashby and Ney*, JJ., concur

8 -8- Court of Appeals No. 12CA2098 Adams County District Court No. 07CV1028 Honorable C. Scott Crabtree, Judge William Ross, Third-Party Plaintiff-Appellant and Cross-Appellee, State Farm Mutual Auto Insurance Company and Allstate Insurance Company, Third-Party Defendants-Appellees, and Adam D. Werner, Buehler Moving and Storage Company, and Box Brothers of Colorado, LLC, Defendants-Appellees and Cross-Appellants. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE HAWTHORNE Ashby and Ney*, JJ., concur

9 -9- Court of Appeals No. 12CA2518 Boulder County District Court No. 05CR1154 Honorable M. Gwyneth Whalen, Judge Chinou Vue, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE HAWTHORNE J. Jones and Ashby, JJ., concur Court of Appeals No. 12CA2618 City and County of Denver District Court No. 01CR2317 Honorable Morris B. Hoffman, Judge Michael Doyle, ORDER AFFIRMED Division II Opinion by JUDGE BERGER Casebolt and Dailey, JJ., concur

10 -10- Court of Appeals No. 13CA0166 Arapahoe County District Court No. 09CV Honorable Christopher C. Cross, Judge Honorable J. Mark Hannen, Judge Fred R. Kelly, Jr., Plaintiff-Appellant, and Foster Graham Milstein & Calisher, LLP, Appellant, Law Offices of G. Michael Schuyler, P.C., Defendant-Appellee. JUDGMENT REVERSED Division I Opinion by JUDGE BERNARD Taubman and Rothenberg*, JJ., concur

11 -11- Court of Appeals No. 13CA0257 El Paso County District Court No. 04CR638 Honorable Marla R. Prudek, Judge Ramon Lamar Fisher, ORDER AFFIRMED Division IV Opinion by JUDGE DUNN Graham and Plank*, JJ., concur Court of Appeals No. 13CA0424 Gilpin County Court No. 11CR1 Honorable David R. Gloss, Judge Albert David Bergeron, APPEAL DISMISSED Division I Opinion by JUDGE ROTHENBERG* Taubman and Bernard, JJ., concur

12 -12- Court of Appeals No. 13CA0508 Logan County District Court No. 12CV76 Honorable Douglas R. Vannoy, Judge Marco A. Rocha, Plaintiff-Appellant, Executive Director of Colorado Department of Corrections and Warden of Sterling Correctional Facility, Defendants-Appellees. JUDGMENT AFFIRMED Division II Opinion by JUDGE DAILEY Casebolt and Berger, JJ., concur Court of Appeals No. 13CA0647 Gilpin County District Court No. 10CR113 Honorable Jack W. Berryhill, Judge Steven Robert Variale, ORDERS AFFIRMED Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur

13 -13- Court of Appeals No. 13CA0694 Pueblo County District Court No. 97CR307 Honorable Ruthanne Polidori, Judge Antonio Mata-Medina, ORDER AFFIRMED Division III Opinion by JUDGE GABRIEL Webb and Miller, JJ., concur Court of Appeals No. 13CA0808 City and County of Denver District Court No. 11CV7815 Honorable Norman D. Haglund, Judge Dana Parker, Plaintiff-Appellant, Mary Bobo, Defendant-Appellee. ORDER AFFIRMED Division V Opinion by JUDGE HAWTHORNE J. Jones and Ashby, JJ., concur

14 -14- Court of Appeals No. 13CA0992 Jefferson County District Court No. 12CV1353 Honorable Stephen M. Munsinger, Judge Lookout Mountain Residents United, a Colorado nonprofit corporation; Cody Park Neighborhood Association, a Colorado nonprofit corporation; Mark Anderson; Dean Stauffer; Shelagh Stauffer; Michael Gleason; Dorothy Gleason; John Lange; Diane Lange; Hamilton H. McDowell; Bernadette B. McDowell; Ronald Stephen Jones, Trustee of the Ronald Stephen Jones Trust; Patricia Marie Michel; Paul Kalkwarf; Bonnie Saxton; Peter N. Lynch III; Nancy L. Lynch; Michael Pratt; Terrie Pratt; Andrew Martinez; Emily Martinez; Todd Story; Bruce Keith; Herbert Young; Sharon Young; Carole Jeffrey; Kevin Jeffrey; Robert M. Heine; Anne R. Heine; Dennis Locke; Anne Locke; Plaintiff-Appellees and Cross-Appellants, Activation Ministries International, Defendant-Appellant and Cross-Appellee and Jefferson County, Colorado, Board of County Commissioners; Casey Tighe, in his capacity as a member of the Jefferson County Board of County Commissioners; Donald Rosier, in his capacity as a member of the Jefferson County Board of County Commissioners, Defendants-Appellees. JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Fox, J., concurs Dunn, J. dissents

15 -15- Court of Appeals No. 13CA0999 El Paso County District Court No. 04DR675 Honorable Barney Iuppa, Judge In re the Marriage of Kaelin Kelleher, Appellee, and Patrick Kelleher, Appellant. ORDERS AFFIRMED Division I Opinion by JUDGE KAPELKE* Loeb, C.J. and Nieto*, J., concur Court of Appeals No. 13CA1054 Douglas County District Court No. 05CV1630 Honorable Vincent R. White, Judge Gary R. Hansen and Karen L. Hansen, Plaintiffs-Appellants, Barbara A. Hemminger; the Estate of Robert J. Butler; Helen Bjorkquist; and Berkenkotter Motors, L.L.C., a Colorado limited liability company, Defendants-Appellees. ORDER AFFIRMED Division III Opinion by JUDGE MILLER Webb and Gabriel, JJ., concur

16 -16- Court of Appeals No. 13CA1098 Larimer County District Court No. 10DR1336 Honorable Gregory M. Lammons, Judge In re the Marriage of Emily A. Krejci, Appellee, and John R. Krejci, Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Gabriel and Miller, JJ., concur Court of Appeals No. 13CA1148 Arapahoe County District Court No. 11CV2566 Honorable J. Mark Hannen, Judge Michael A. Collins, Plaintiff-Appellant, Corum Real Estate Group, Inc., Defendant-Appellee, JUDGMENT AFFIRMED Division I Opinion by JUDGE TAUBMAN Bernard and Rothenberg*, JJ., concur

17 -17- Court of Appeals No. 13CA1186 City and County of Denver District Court No. 12CV2320 Honorable J. Eric Elliff, Judge Steve E. Loftus, Plaintiff-Appellant, Bristol West Insurance Company, Defendant-Appellee. JUDGMENT AND ORDER AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Sternberg* and Ney*, JJ., concur Court of Appeals No. 13CA1246 City and County of Denver District Court No. 98CR1290 Honorable J. Stephen Phillips, Judge Craig L. Poindexter, ORDER AFFIRMED Division IV Opinion by JUDGE PLANK* Graham and Dunn, JJ., concur

18 -18- Court of Appeals No. 13CA1507 Adams County District Court No. 11CR639 Honorable Jill-Ellyn Straus, Judge Christopher Michael Spahn, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur Court of Appeals No. 13CA1744 Jefferson County District Court No. 10CR328 Honorable Christopher J. Munch, Judge Andrea Harris-Frazier, ORDER AFFIRMED Division V Opinion by JUDGE ASHBY Hawthorne and J. Jones, JJ., concur

19 -19- Court of Appeals No. 13CA2086 Adams County District Court No. 12JV218 Honorable Craig R. Welling, Judge Petitioner-Appellee, In the Interest of M.R.O., a Child, and Concerning A.R.L. and E.R.O., Respondents-Appellants. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BOORAS Román and Richman, JJ., concur Court of Appeals No. 13CA2200 Jefferson County District Court No. 12JV648 Honorable Gail Meinster, Judge Petitioner-Appellee, In the Interest of P.A. and V.A., Children, and Concerning M.G., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE ROMÁN Richman and Booras, JJ., concur

20 -20- Court of Appeals No. 13CA2351 Mesa County District Court No. 12JV169 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of K.W., a Child, and Concerning T.B., Respondent-Appellant. JUDGMENT AFFIRMED Division VI Opinion by JUDGE RICHMAN Román and Booras, JJ., concur Court of Appeals Nos. 14CA0003 & 14CA0004 El Paso County District Court No. 12JV295 Honorable Barney Iuppa, Judge Petitioner-Appellee, In the Interest of P.M-H. and M.A.R., Children, and Concerning M.M. and P.H., Respondents-Appellants. JUDGMENT AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Sternberg* and Ney*, JJ., concur

21 -21- Court of Appeals No. 14CA0170 Weld County District Court No. 12JV581 Honorable Elizabeth Strobel, Judge Petitioner-Appellee, In the Interest of R.S.H. and E.C.B., Children, and Concerning V.M.H., Respondent-Appellant. JUDGMENT AFFIRMED Division III Opinion by JUDGE STERNBERG* Loeb, C.J., and Ney*, J., concur

22 -22- Court of Appeals No. 09CA0463 P E T I T I O N S F O R R E H E A R I N G Justin Hadley Austin, Petition for Rehearing DENIED Dunn, J., would GRANT Court of Appeals No. 10CA0238 Victor Jerome Beasley, Petition for Rehearing DENIED

23 -23- Court of Appeals No. 11CA1665 Jerad Alan Massey, Petition for Rehearing DENIED Court of Appeals No. 12CA1174 Michael Tapia, Petition for Rehearing DENIED

24 -24- Court of Appeals No. 13CA0128 James K. Conkleton, Plaintiff-Appellant, Colorado Board of Parole; Anthony Young, Chairman of the Board of Parole; Patricia Waak, Parole Board Member; and Denise Basazic, Parole Board Member, Defendants-Appellees. Petition for Rehearing DENIED Court of Appeals No. 13CA0438 Keith Frazier, Plaintiff-Appellant, Executive Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility, Defendants-Appellees. Petition for Rehearing DENIED

25 -25- Court of Appeals No. 13CA0730 Keith Frazier, Plaintiff-Appellant, Executive Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility, Defendants-Appellees. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S