-1- ANNOUNCEMENTS Colorado Court of Appeals September 1, 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. 12CA1385 Arapahoe County District Court No. 08CR2564 Honorable Carlos A. Samour, Jr., Judge Honorable Paul R. McLimans, Judge Stanley Howard Olsen, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE MÁRQUEZ* Graham and Booras, JJ., concur

2 -2- Court of Appeals No. 12CA2133 City and County of Denver District Court No. 11CR3203 Honorable Catherine A. Lemon, Judge Oscar Mauricio Amaya-Melendez, Division V Opinion by JUDGE ROMÁN Bernard and Berger, JJ., concur Court of Appeals No. 13CA1340 City and County of Denver District Court No. 11CR2805 Honorable Catherine A. Lemon, Judge Andrew L. Johnson, Opinion by JUDGE FURMAN Miller and Navarro, JJ., concur

3 -3- Court of Appeals No. 13CA1478 El Paso County District Court No. 12CR3842 Honorable Thomas L. Kennedy, Judge Louis Edward Mamo, AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE FURMAN Miller and Navarro, JJ., concur Court of Appeals No. 13CA1735 City and County of Denver District Court No. 12CR2582 Honorable Brian R. Whitney, Judge William L. Collins, Division II Opinion by JUDGE WEBB Ashby, J., concurs Harris, J., specially concurs

4 -4- Court of Appeals No. 13CA2043 Jefferson County District Court Nos. 12CR2730 & 12CR3162 Honorable Christopher J. Munch, Judge Jarrett Cooper Stoner, SENTENCE AFFIRMED Division I Opinion by JUDGE KAPELKE* Taubman and Sternberg*, JJ., concur Court of Appeals No. 13CA2275 Garfield County District Court No. 11CR351 Honorable James B. Boyd, Judge Luis Alonso Salmeron, I Opinion by JUDGE DUNN J. Jones and Lichtenstein, JJ., concur

5 -5- Court of Appeals No. 14CA0108 Boulder County District Court No. 13CR9 Honorable Andrew R. MacDonald, Judge Michael Phillip Jan O Shea, Opinion by JUDGE MILLER Furman and Navarro, JJ., concur Court of Appeals No. 14CA0585 El Paso County District Court No. 13CR1985 Honorable David L. Shakes, Judge James Wesley Hill, Opinion by JUDGE FURMAN Miller and Navarro, JJ., concur

6 -6- Court of Appeals No. 14CA0662 Douglas County District Court No. 13CR254 Honorable Richard B. Caschette, Judge Honorable Steven E. Shinn, Judge Leland Jerome Hebert, ORDERS AFFIRMED Opinion by JUDGE FURMAN Miller and Navarro, JJ., concur Court of Appeals No. 14CA1032 City and County of Denver District Court No. 13CR3137 Honorable Michael Vallejos, Judge Christopher A. Butler, Division IV Opinion by JUDGE FOX Hawthorne and Terry, JJ., concur

7 -7- Court of Appeals No. 14CA1389 El Paso County District Court No. 13CR3826 Honorable Scott A. Sells, Judge Kenneisha Cynthia Whitmore, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE TERRY Hawthorne and Fox, JJ., concur Court of Appeals No. 14CA2475 El Paso County District Court No. 14CR1962 Honorable David Lee Shakes, Judge Marshall M. Hughes, Division I Opinion by JUDGE TAUBMAN Freyre and Plank*, JJ., concur

8 -8- Court of Appeals No. 15CA0323 City and County of Denver District Court No. 09CV8515 Honorable Kenneth M. Laff, Judge Annie Johnson, Plaintiff-Appellant, Courtyard Management Corporation, d/b/a Denver Airport Courtyard by Marriott, Inc., Defendant-Appellee. ORDER AFFIRMED Opinion by JUDGE MILLER Furman and Navarro, JJ., concur Court of Appeals No. 15CA0427 Saguache County District Court No. 13CR26 Honorable Pattie P. Swift, Judge Rafael A. Sanchez, ORDER AND SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur

9 -9- Court of Appeals No. 15CA0539 City and County of Denver District Court No. 05CR5233 Honorable Martin F. Egelhoff, Judge Homero Nunez-Briones, ORDER AFFIRMED Opinion by JUDGE FURMAN Navarro and Vogt*, JJ., concur Court of Appeals No. 15CA0815 Weld County District Court No. 13DR30368 Honorable Elizabeth B. Strobel, Judge In re the Marriage of Teresa Lynn Curtis, Appellee, and Steven Dale Curtis, Appellant. Opinion by JUDGE MILLER Furman and Navarro, JJ., concur

10 -10- Court of Appeals No. 15CA0879 El Paso County District Court No. 06CR200 Honorable Barbara L. Hughes, Judge Kevin Michael Severson, ORDER AFFIRMED Division V Opinion by JUDGE CASEBOLT* Loeb, C.J., and Nieto*, J., concur Court of Appeals No. 15CA1064 Fremont County District Court No. 15CV5 Honorable David M. Thorson, Judge Honorable Robert Freeman, Judge James Faircloth, Plaintiff-Appellant, State of Colorado Parole Board, Defendant-Appellee. Division I Opinion by JUDGE PLANK* Taubman and Freyre, JJ., concur

11 -11- Court of Appeals No. 15CA1080 Chaffee County District Court No. 13CR124 Honorable Charles M. Barton, Judge Edward Little Wolf, ORDER AFFIRMED Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur Court of Appeals No. 15CA1331 Routt County District Court No. 14CV30003 Honorable Shelley A. Hill, Judge Andrea Brunton and Jack Brunton, Plaintiffs-Appellees, Nadine J. Arroyo, Opinion by JUDGE MILLER Furman and Navarro, JJ., concur

12 -12- Court of Appeals No. 15CA1366 Arapahoe County District Court No. 14CV33140 Honorable Christopher C. Cross, Judge ANWA Medical, LLC, Plaintiff-Appellant, Electronic Payment Systems, LLC, Defendant-Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Terry and Fox, JJ., concur Court of Appeals No. 15CA1367 Arapahoe County District Court No. 14CV33141 Honorable Christopher C. Cross, Judge Blue Services, LLC, Plaintiff-Appellant, Electronic Payment Systems, LLC, Defendant-Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Terry and Fox, JJ., concur

13 -13- Court of Appeals No. 15CA1378 Arapahoe County District Court No. 15CV81 Honorable Christopher C. Cross, Judge Blueco Savings, LLC, Plaintiff-Appellant, Electronic Payment Systems, LLC, Defendant-Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Terry and Fox, JJ., concur Court of Appeals No. 15CA1461 Douglas County District Court No. 14CV31057 Honorable Paul A. King, Judge Advantage Sales & Marketing, LLC, d/b/a Advantage Beverage Solutions, Hangover Joe s Holding Corporation, JUDGMENT AND ORDER AFFIRMED Division V Opinion by JUDGE BERGER Román and Bernard, JJ., concur

14 -14- Court of Appeals No. 15CA1690 Douglas County District Court No. 06DR261 Honorable Michael J. Spear, Judge Honorable Kathie L. Fliss, Magistrate In re the Marriage of Mary Jo Burley, Appellee, and Laurence E. Burley, Appellant. APPEAL DISMISSED IN PART AND ORDER AFFIRMED Opinion by JUDGE MILLER Furman and Navarro, JJ., concur Court of Appeals No. 15CA1832 Delta County District Court No. 08CV2 Honorable Jeff B. Herron, Judge Lynn French, Attorney-Appellant, Jill B. Evans and J. David Evans, Defendants-Appellees. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE FOX Hawthorne and Terry, JJ., concur

15 -15- Court of Appeals No. 15CA1896 Boulder County District Court No. 15CV30556 Honorable Norma A. Sierra, Judge Lot Franklin LLC and Laurence Verbeck, Plaintiffs-Appellants, Boulder County Board of County Commissioners, Defendant-Appellee. ORDER AFFIRMED Division I Opinion by JUDGE FREYRE Taubman and Dailey, JJ., concur Court of Appeals No. 15CA2134 Industrial Claim Appeals Office of the State of Colorado WC No Shannon Defrece, Petitioner, Industrial Claim Appeals Office of the State of Colorado; 20/20 Theatrical, LLC, d/b/a ProSight Global, Inc.; and ProSight Specialty Insurance, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE TERRY Hawthorne and Fox, JJ., concur

16 -16- Court of Appeals No. 16CA0065 Industrial Claim Appeals Office of the State of Colorado WC Nos and Regina VanMeter, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc., Respondents. ORDER AFFIRMED I Opinion by JUDGE J. JONES Lichtenstein and Dunn, JJ., concur Court of Appeals No. 16CA0197 Pueblo County District Court No. 14JV361 Honorable Deborah R. Eyler, Judge Petitioner-Appellee, In the Interest of J.P. and Z.P., Children, and Concerning A.P., Respondent-Appellant. Opinion by JUDGE FURMAN Miller and Navarro, JJ., concur

17 -17- Court of Appeals No. 16CA0407 Jefferson County District Court No. 14JV231 Honorable Ann G. Meinster, Judge Petitioner-Appellee, In the Interest of J.P., a Child, and Concerning G.G., Respondent-Appellant. Opinion by JUDGE MILLER Furman and Navarro, JJ., concur Court of Appeals No. 16CA0542 Weld County District Court No. 14JV536 Honorable Julie C. Hoskins, Judge Petitioner-Appellee, In the Interest of D.A.B. and D.J.B., Children, and Concerning J.E.H., Respondent-Appellant. Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur

18 -18- Court of Appeals No. 14CA1666 P E T I T I O N S F O R R E H E A R I N G Daniel Barrett Swecker, Petition for Rehearing DENIED Court of Appeals No. 15CA0791 In re the Estate of John Cerrone, John Cerrone, Protected Person, Respondent-Appellee, Medical Lien Management, Inc., Claimant-Appellant. Petition for Rehearing DENIED

19 -19- Court of Appeals No. 16CA0168 Petitioner-Appellee, M O D I F I E D O P I N I O N S In the Interest of A.R., C.R., B.R., & H.R., Children, and Concerning J.R., Appellant-Respondent. Division I Opinion by JUDGE FREYRE Taubman and Dailey, JJ., concur Opinion Modified On the Court s Own Motion *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S