-1- ANNOUNCEMENTS Colorado Court of Appeals December 15, 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. P U B L I S H E D O P I N I O N S 2016COA179 Court of Appeals No. 13CA1600 Jefferson County District Court No. 12CR1974 Honorable Christie A. Bachmeyer, Judge Corey Anthony Lopez, JUDGMENT AFFIRMED Division VII Opinion by JUDGE BOORAS Terry and Berger, JJ., concur

2 COA180 Court of Appeals No. 14CA2127 City and County of Denver District Court No. 12CR2735 Honorable J. Eric Elliff, Judge Rollin Michael Oliver, ORDER AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Davidson* and Plank*, JJ., concur 2016COA181 Court of Appeals No. 15CA1743 Adams County District Court No. 15CV30862 Honorable F. Michael Goodbee, Judge City of Northglenn, Colorado, a Colorado municipality; City of Aurora, Colorado, a Colorado municipality; City of Commerce City, Colorado, a Colorado municipality, Plaintiffs-Appellants and Cross-Appellees, Board of County Commissioners, Adams County, Colorado, a Colorado statutory county, Defendant-Appellee and Cross-Appellant. JUDGMENT REVERSED Division VII Opinion by JUDGE BERGER Terry and Booras, JJ., concur

3 COA182 Court of Appeals No. 15CA1824 Larimer County District Court No. 13PR30246 Honorable Devin R. Odell, Judge Barry L. Bruce, Attorney-Appellant, Jay A. Roberts and Ashley Roberts McNamara, as Co-Trustees of the Della I. Roberts Trust, Petitioners-Appellees. ORDER VACATED IN PART AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur 2016COA183 Court of Appeals No. 16CA0780 Arapahoe County District Court No. 15JV1163 Honorable Bonnie McLean, Judge Petitioner-Appellee, In the Interest of G.E.S., Child, and Concerning G.S., Respondent-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE J. JONES Graham and Miller, 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. 09CA2203 City and County of Denver District Court No. 03CR3843 Honorable R. Michael Mullins, Judge Michael Johnson, APPEAL DISMISSED Division II Opinion by JUDGE MILLER Lichtenstein and Casebolt*, JJ., concur Court of Appeals No. 12CA2453 Arapahoe County District Court No. 11CR2160 Honorable Gerald J. Rafferty, Judge Terence Terrell Straughter, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE HARRIS Furman and Márquez*, JJ., concur

5 -5- Court of Appeals No. 13CA1712 Jefferson County District Court No. 12CR2522 Honorable Randall C. Arp, Judge Honorable Dennis J. Hall, Judge Justin Daniel Green, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur Court of Appeals No. 13CA1745 City and County of Denver District Court No. 11CR2077 Honorable John W. Madden, IV, Judge Ashley P. Tafoya, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE J. JONES Graham and Miller, JJ., concur

6 -6- Court of Appeals No. 13CA2015 Adams County District Court No. 10CR245 Honorable Thomas R. Ensor, Judge Vitaliy Vladimirovich Skorev, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE GRAHAM Kapelke*, J., concurs J. Jones, J., specially concurs Court of Appeals No. 13CA2016 Adams County District Court No. 11CR837 Honorable Thomas R. Ensor, Judge Vitaliy Vladimirovich Skorev, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE GRAHAM Kapelke*, J., concurs J. Jones, J., specially concurs

7 -7- Court of Appeals No. 13CA2017 Adams County District Court No. 12CR3497 Honorable Thomas R. Ensor, Judge Vitaliy Vladimirovich Skorev, JUDGMENT AND SENTENCE AFFIRMED Division IV Opinion by JUDGE GRAHAM Kapelke*, J., concurs J. Jones, J., specially concurs Court of Appeals No. 13CA2069 El Paso County District Court No. 13CR488 Honorable Thomas L. Kennedy, Judge Todd Matthew Gregor, JUDGMENT AFFIRMED Division IV Opinion by JUDGE KAPELKE* Graham and J. Jones, JJ., concur

8 -8- Court of Appeals No. 14CA0019 City and County of Denver District Court No. 12CR3016 Honorable Michael J. Vallejos, Judge Marquis Dejuan Garrison, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur Court of Appeals No. 14CA0441 El Paso County District Court No. 13CR57 Honorable Marla R. Prudek, Judge Donna Raylene Kaiser-Anderson, JUDGMENT AFFIRMED Division IV Opinion by JUDGE J. JONES Graham and Kapelke*, JJ., concur

9 -9- Court of Appeals No. 14CA2135 El Paso County District Court No. 14CR320 Honorable Daphne Richards Burlingame, Judge Honorable William B. Bain, Judge Patrick Leroy Vigil, JUDGMENT AFFIRMED Division II Opinion by JUDGE FURMAN Harris and Casebolt*, JJ., concur Court of Appeals No. 14CA2357 El Paso County District Court No. 14CR1456 Honorable Thomas K. Kane, Judge Adam Charles Lewis, JUDGMENT AFFIRMED Division IV Opinion by JUDGE KAPELKE* Graham and J. Jones, JJ., concur

10 -10- Court of Appeals No. 14CA2473 El Paso County District Court No. 11CV447 Honorable Gregory R. Warner, Judge Oloyea D. Wallin, Plaintiff-Appellant, Mary Carnell and Cheyenne Mountain Re-Entry Center, Defendants-Appellees. JUDGMENT AFFIRMED Division V Opinion by JUDGE ROMÁN Lichtenstein and Freyre, JJ., concur Court of Appeals No. 15CA0347 City and County of Denver District Court No. 05DR3032 Honorable Brian R. Whitney, Judge In re the Marriage of Luz Maria S. Jimenez, Appellee, and Francisco X. De Leon, Appellant. APPEAL DISMISSED IN PART, ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM J. Jones and Kapelke*, JJ., concur

11 -11- Court of Appeals No. 15CA0589 City and County of Broomfield District Court No. 10CR139 Honorable Francis C. Wasserman, Judge Thomas Ansley Holloway, ORDER AFFIRMED Division VI Opinion by JUDGE RICHMAN Bernard and Fox, JJ., concur Court of Appeals No. 15CA0701 City and County of Denver District Court No. 12CR10293 Honorable Kenneth M. Laff, Judge Jackie McConnell, SENTENCE AFFIRMED Division I Opinion by JUDGE TAUBMAN Dunn and Ashby, JJ., concur

12 -12- Court of Appeals No. 15CA1100 Mesa County District Court No. 95CR527 Honorable Thomas M. Deister, Judge William R. Young, ORDER AFFIRMED Division II Opinion by JUDGE HARRIS Furman and Casebolt*, JJ., concur Court of Appeals No. 15CA1496 Larimer County District Court No. 14CR1038 Honorable Thomas R. French, Judge Shaafic Daahir Elmi, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Lichtenstein and Márquez*, JJ., concur

13 -13- Court of Appeals No. 15CA1583 Adams County District Court No. 14CR1752 Honorable Thomas R. Ensor, Judge Plaintiff Appellee, Billy Joe Chavez, Defendant Appellant. JUDGMENT AFFIRMED Division I Opinion by JUDGE DUNN Taubman and Ashby, JJ., concur Court of Appeals No. 15CA1632 City and County of Denver District Court No. 09DR4240 Honorable William D. Robbins, Judge In re the Marriage of Sheila Hearty Kamlet, Appellant and Cross-Appellee, and Jay Forest Kamlet, Appellee and Cross-Appellant. ORDER AND JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM J. Jones and Miller, JJ., concur

14 -14- Court of Appeals No. 15CA1875 City and County of Denver District Court No. 13CR2378 Honorable Brian R. Whitney, Judge Dony G. Salazar, ORDER AFFIRMED Division III Opinion by JUDGE HAWTHORNE Webb and Navarro, JJ., concur Court of Appeals No. 15CA1954 City and County of Denver District Court No. 10CR3349 Honorable Martin F. Egelhoff, Judge Zachery Marco Montoya, ORDER AFFIRMED Division III Opinion by JUDGE NAVARRO Webb and Hawthorne, JJ., concur

15 -15- Court of Appeals No. 15CA2166 El Paso County District Court No. 14DR30941 Honorable Jann P. Dubois, Judge In re the Parental Responsibilities Concerning C.Y. and K.Y., Children, and Concerning Tara McMichen, Appellant, and Robert Youngs, Appellee. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE MILLER Graham and J. Jones, JJ., concur Court of Appeals No. 16CA0086 Otero County District Court No. 14CV30061 Honorable Mark A. MacDonnell, Judge Patricia M. Whatley, Plaintiff-Appellant, Wal-Mart Stores, Inc., Defendant-Appellee. JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur

16 -16- Court of Appeals No. 16CA0240 El Paso County District Court No. 13CV31831 Honorable Michael P. McHenry, Judge First-Citizens Bank & Trust Company, Kevin Doty, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by CHIEF JUDGE LOEB Nieto* and Vogt*, JJ., concur

17 -17- Court of Appeals No. 16CA0614 State of Colorado Board of Assessment Appeals Case No Michael Paslay and Rose Ann Paslay, Petitioners-Appellants, Jefferson County Board of Equalization, Respondent-Appellee, and State of Colorado Board of Assessment Appeals, Appellee. ORDER AFFIRMED Division I Opinion by JUDGE ASHBY Taubman and Dunn, JJ., concur

18 -18- Court of Appeals No. 16CA0705 Industrial Claim Appeals Office of the State of Colorado WC No Howard MacDougall, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Bridgestone Retail Tire Operations LLC; and Old Republic Insurance, Respondents. ORDER AFFIRMED Division III Opinion by JUDGE WEBB Hawthorne and Navarro, JJ., concur Court of Appeals No. 16CA0987 Adams County District Court No. 15JV224 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of E.F., M.F., A.F., and S.S., Children, and Concerning D.V., Respondent-Appellant. JUDGMENT AFFIRMED Division VII Opinion by JUDGE BERGER Terry and Booras, JJ., concur

19 -19- Court of Appeals Nos. 16CA1099 & 16CA1100 Weld County District Court No. 15JV5 Honorable W. Troy Hause, Judge Petitioner-Appellee, In the Interest of X.M., a Child, and Concerning L.C. and J.M., Respondents-Appellants. JUDGMENT AFFIRMED Division V Opinion by CHIEF JUDGE LOEB Nieto* and Vogt*, JJ., concur Court of Appeals No. 16CA1124 Weld County District Court No. 15JV489 Honorable Elizabeth B. Strobel, Judge Petitioner-Appellee, In the Interest of N.J., a Child, and Concerning S.H., Respondent-Appellant. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE NIETO* Loeb, C.J., and Vogt*, J., concur

20 -20- Court of Appeals No. 16CA1148 Industrial Claim Appeals Office of the State of Colorado DD No Karrie R. Collins, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Radiology Imaging Associates, P.C., Respondents. ORDER AFFIRMED Division V Opinion by JUDGE VOGT* Loeb, C.J., and Nieto*, J., concur

21 -21- Court of Appeals No. 13CA2381 P E T I T I O N S F O R R E H E A R I N G Julius Sutton, Petition for Rehearing DENIED Court of Appeals No. 14CA0148 Patrick K. Wood, Petition for Rehearing DENIED

22 -22- Court of Appeals No. 14CA1987 Trina McGill, Plaintiff-Appellant, DIA Airport Parking, LLC, d/b/a Wally Park, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 14CA2423 Estate of Michael Dean Casper, by and through Nick Casper, personal representative, Guarantee Trust Life Insurance Company, an Illinois corporation, Petition for Rehearing DENIED

23 -23- Court of Appeals No. 15CA0095 In re the Marriage of Renate Ingrid Behrens, Appellant, and Suzanne Behrens, as personal representative of the Estate of Edgar Behrens, Appellee. Petition for Rehearing DENIED Court of Appeals No. 15CA0941 James W. Cranfill, Petition for Rehearing DENIED

24 -24- Court of Appeals No. 15CA1448 Tammie Welch, Plaintiff-Appellant, Board of County Commissioners of the County of Arapahoe, State of Colorado, Defendant-Appellee. Petition for Rehearing DENIED 2016COA157M Court of Appeals No. 15CA1514 John Medved and Debra Medved, Plaintiffs-Appellants, State of Colorado, Colorado Department of Revenue; Executive Director of the Colorado Department of Revenue, Defendants-Appellees. Opinion Modified and Petition for Rehearing DENIED

25 -25- Court of Appeals No. 15CA1842 Terrence M. Wyles, Plaintiff-Appellant, Aluminaid International, A.G.; West Hills Research & Development, Inc., f/k/a Aluminaid, Inc.; Aluminaid PTE, Ltd.; Aja Reynolds, a/k/a Aja Fasanella; Zuperfoods, Inc.; Carl Freer; Ericka Freer, a/k/a Ericka Lapresle, a/k/a Ericka Suzanne Lapresle, a/k/a Ericka Lapresle Freer; James Hunt; Adam Freer; Julia Freer-Agerstam; David Warnock; Alex Arendt; Allen Sussman; and Loeb & Loeb LLP, Defendants-Appellees. Petition for Rehearing DENIED

26 -26- M O D I F I E D O P I N I O N S Court of Appeals No. 15CA0961 Douglas County District Court No. 08DR1083 Honorable Michael J. Spear, Judge In re the Marriage of Tasha Marie Frye, Appellant, and Raymond Lee Frye II, Appellee. ORDERS AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Berger and Plank*, JJ., concur Mandate Recalled and Opinion Modified *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S