-1- ANNOUNCEMENTS Colorado Court of Appeals June 16, 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 2016COA88 Court of Appeals No. 13CA1431 Adams County District Court No. 11CR3119 Honorable Jill-Ellyn Straus, Judge April Rose Travis, RULINGS AFFIRMED IN PART AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Kapelke*, J., concurs Richman, J., concurs in part and dissents in part

2 COA89 Court of Appeals No. 14CA0529 Huerfano County District Court No. 01CV91 Honorable Claude W. Appel, Judge Gary Lensky and Camp D Orvid at Casa Del Arroyo, Plaintiffs-Appellants, Gery DiDomenico, Carol McDonald, Charles B. Choin, William R. Trujillo, Manual D. J. Archuleta, Maria J. Archuleta, and William L. Trujillo, Defendants-Appellees. ORDER REVERSED Division I Opinion by JUDGE FREYRE Taubman and Dailey, JJ., concur 2016COA90 Court of Appeals No. 14CA0862 Gilpin County District Court No. 13CR20 Honorable Philip J. McNulty, Judge Scott Allen Helms, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE J. JONES Lichtenstein and Dunn, JJ., concur

3 COA91 Court of Appeals No. 14CA1259 City and County of Denver District Court No. 12CV2482 Honorable Herbert L. Stern, III, Judge Martin Acierno, by and through his Co-Guardians, Kathleen Acierno and Cheryl Acierno, Plaintiff-Appellant and Cross-Appellee, Garyfallos Garyfallou, M.D., Defendant-Appellee and Cross-Appellant., ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur 2016COA93 Court of Appeals No. 14CA1865 Arapahoe County District Court No. 11CR2138 Honorable Christopher C. Cross, Judge Alejandro Armando Sosa, APPEAL DISMISSED IN PART AND ORDER AFFIRMED Division IV Opinion by JUDGE TERRY Hawthorne and Fox, JJ., concur

4 COA93 Court of Appeals No. 15CA0080 El Paso County District Court No. 10CR4367 Honorable David S. Prince, Judge Robert Lee Hunt, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE DAILEY Taubman and Sternberg*, JJ., concur 2016COA94 Court of Appeals No. 15CA0278 Adams County District Court No. 13CR3552 Honorable Thomas R. Ensor, Judge Wesley Faussett, Division I Opinion by JUDGE DAILEY Taubman and Freyre, JJ., concur

5 COA95 Court of Appeals No. 15CA0467 City and County of Denver District Court No. 12CV3907 Honorable Kenneth M. Laff, Judge Judith Z. Miller and Thomas C. Miller, Plaintiffs-Appellants, Bank of New York Mellon, as Trustee for the Certificate Holders of CWABS, Asset-Backed Certificates , f/k/a Bank of New York; Bank of America, N.A.; and Countrywide Home Loans, Inc., Defendants-Appellees. Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur 2016COA96 Court of Appeals No. 15CA0966 Industrial Claim Appeals Office of the State of Colorado DD No Mesa County Public Library District, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Laurie A. Gomez, Respondents. ORDER AFFIRMED Division I Opinion by JUDGE HARRIS Taubman, J., concurs J. Jones, J., dissents

6 -6- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 13CA1216 El Paso County District Court No. 12CR2355 Honorable David L. Shakes, Judge Belinda May Wells-Yates, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE GRAHAM Richman and Booras, JJ., concur Court of Appeals No. 13CA1476 Adams County District Court No. 11CR2450 Honorable John E. Popovich, Judge David Paul Flood, Division VII Opinion by JUDGE LICHTENSTEIN J. Jones and Dunn, JJ., concur

7 -7- Court of Appeals No. 13CA1769 Weld County District Court No. 12CR1646 Honorable Thomas J. Quammen, Judge Rojorio Roy Naranjo, JUDGMENT AND SENTENCE AFFIRMED Division II Opinion by JUDGE WEBB Ashby and Harris, JJ., concur Court of Appeals No. 13CA2313 Boulder County District Court No. 13CR703 Honorable Judith L. LaBuda, Judge Brandon John Bruner, Division III Opinion by JUDGE BOORAS Graham and Richman, JJ., concur

8 -8- Court of Appeals No. 14CA0048 Arapahoe County District Court Nos. 10CR2371, 10CR2395, 10CR2411 & 10CR2435 Honorable Elizabeth A. Weishaupl, Judge Plaintiff-Appellee and Cross-Appellant, Jaylen Fasean Noble, Defendant-Appellant and Cross-Appellee., SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN J. Jones and Lichtenstein, JJ., concur Court of Appeals No. 14CA0198 Adams County District Court No. 12CR2704 Honorable Jill-Ellyn Straus, Judge Michael D Angelis, Division III Opinion by JUDGE BOORAS Graham and Richman, JJ., concur

9 -9- Court of Appeals No. 14CA0706 Gilpin County District Court No. 12CR135 Honorable Philip J. McNulty, Judge Owen Scott Busam, SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE GRAHAM Richman and Booras, JJ., concur Court of Appeals No. 14CA1650 El Paso County District Court Nos. 09CR321 & 09CR484 Honorable Scott A. Sells, Judge Eric Duncan Ray, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE KAPELKE* Hawthorne and Fox, JJ., concur

10 -10- Court of Appeals No. 14CA1845 Mesa County District Court No. 11CR756 Honorable Richard T. Gurley, Judge George Ryan Roloff, JUDGMENT AND SENTENCE AFFIRMED IN PART AND VACATED IN PART, SENTENCE REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE ROMÁN Berger, J., concurs Bernard, J., concurs in part, specially concurs in part, and dissents in part Court of Appeals No. 14CA2039 Logan County District Court No. 13CR106 Honorable Charles M. Hobbs, Judge Charley Gonzalez, Division III Opinion by JUDGE RICHMAN Graham and Booras, JJ., concur

11 -11- Court of Appeals No. 15CA0204 Douglas County District Court No. 11CV2848 Honorable Vincent R. White, Judge Steve Anderson, Plaintiff-Appellant and Cross-Appellee, Jim Donald and Shelby Donald, Defendants-Appellees and Cross-Appellants. Division VI Opinion by JUDGE TERRY Navarro and Freyre, JJ., concur

12 -12- Court of Appeals No. 15CA0330 Garfield County District Court No. 12CV198 Honorable John F. Neiley, Judge Daniel Adams and Shirley Sample, Plaintiffs-Appellees, and Soaring Gray Eagle Ranch LLLP, Sylvia S. Moore, and M&K Revocable Trust, Third-Party Defendants-Appellees, Lazy Dog Properties, LLC and Stephen P. Simpson, Defendants-Appellants. Division III Opinion by JUDGE GRAHAM Richman and Booras, JJ., concur

13 -13- Court of Appeals No. 15CA0639 El Paso County District Court No. 05CR4846 Honorable Thomas K. Kane, Judge Timothy P. Hawkins, ORDER AFFIRMED Division II Opinion by JUDGE ASHBY Webb and Harris, JJ., concur Court of Appeals No. 15CA0805 Adams County District Court No. 14CV31504 Honorable Ted C. Tow, Judge Jepsen, Murphy and Associates, LLC, Plaintiff-Appellant, Travelers Casualty Insurance Company of America, Defendant-Appellee. Division VII Opinion by CHIEF JUDGE LOEB Sternberg* and Davidson*, JJ., concur

14 -14- Court of Appeals No. 15CA0819 Adams County District Court No. 12CR899 Honorable Thomas R. Ensor, Judge Alfonso Eugene Gonzales, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Webb and Harris, JJ., concur Court of Appeals No. 15CA0883 Adams County District Court No. 14DR1728 Honorable Donald S. Quick, Judge In re the Marriage of Arlen Kennedy Ward, Appellant, and Amy Lyn Ward, n/k/a Amy Atwater, Appellee. AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BOORAS Graham and Richman, JJ., concur

15 -15- Court of Appeals No. 15CA0915 Jefferson County District Court No. 13CV31502 Honorable Dennis Hall, Judge San Juan Corporation, a Colorado corporation; Salem Minerals Inc., a Colorado corporation; and Todd C. Hennis, Plaintiffs-Appellants, Colorado Goldfields, Inc., a Nevada corporation, Defendant-Appellee, and Recreation Properties, Ltd., Intervenor. APPEAL DISMISSED Division VI Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur

16 -16- Court of Appeals No. 15CA0945 Industrial Claim Appeals Office of the State of Colorado WC No Lelah Pederson, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Jonathan P. Bayne, DDS, P.C.; and Northern Insurance Company of New York, Respondents. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE RICHMAN Graham and Nieto*, JJ., concur

17 -17- Court of Appeals No. 15CA0960 Weld County District Court No. 14CV30260 Honorable Julie C. Hoskins, Judge Brent Walker, Plaintiff-Appellant, and Liberty Mutual Insurance Company, Intervenor-Appellant, Warbonnet Construction Inc., Defendant-Appellee. Division VII Opinion by JUDGE J. JONES Lichtenstein and Dunn, JJ., concur

18 -18- Court of Appeals No. 15CA1023 EL Paso County District Court No. 10CR4319 Honorable William Bain, Judge Timothy P. Hawkins, ORDER AFFIRMED Division II Opinion by JUDGE HARRIS Webb and Ashby, JJ., concur Court of Appeals No. 15CA1230 Crowley County District Court No. 15CV2 Honorable Michael A. Schiferl, Judge Bradley A. Reeger, Plaintiff-Appellant, Rick Raemisch, Executive Director of the Colorado Department of Corrections; and Cynthia Coffman, Colorado Attorney General, Defendants-Appellees. Division VII Opinion by CHIEF JUDGE LOEB Sternberg* and Davidson*, JJ., concur

19 -19- Court of Appeals No. 15CA1338 Adams County District Court No. 97CR1240 Honorable Thomas R. Ensor, Judge Peter Matthew Compton, ORDER AFFIRMED Division IV Opinion by JUDGE PLANK* Terry and Fox, JJ., concur Court of Appeals No. 15CA1504 Jefferson County District Court No. 15CV108 Honorable Margie L. Enquist, Judge Ryan J. Piper, Department of Revenue, Division of Motor Vehicles, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE STERNBERG* Loeb, C.J., and Davidson*, J., concur

20 -20- Court of Appeals No. 15CA1536 City and County of Denver District Court No. 13CR5195 Honorable Edward D. Bronfin, Judge Maynor Anibal Portillo-Morales, Defendant, and Concerning Frank B. Ficarra, Surety-Appellant. ORDER AFFIRMED Division VII Opinion by JUDGE DAVIDSON* Loeb, C.J., and Sternberg*, J., concur

21 -21- Court of Appeals No. 15CA1941 Weld County District Court No. 08CR2379 Honorable Thomas J. Quammen, Judge Trinidad Anthony Ramos, ORDER AFFIRMED Division VI Opinion by JUDGE NAVARRO Furman and Miller, JJ., concur Court of Appeals No. 15CA2092 Industrial Claim Appeals Office of the State of Colorado DD No Ridgway Lodge & Motel, Inc., d/b/a Ridgway-Ouray Lodge & Suites, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Douglas W. Britt, Respondents. ORDER AFFIRMED Division VI Opinion by JUDGE KAPELKE* Loeb, C.J., and Nieto*, J., concur

22 -22- Court of Appeals No. 16CA0087 Adams County District Court No. 14JV72 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of N.A.S., a Child, and Concerning J.S., Respondent-Appellant. Division I Opinion by JUDGE TAUBMAN Dailey and Freyre, JJ., concur Court of Appeals No. 16CA0237 Pueblo County District Court No. 15JV41 Honorable Deborah R. Eyler, Judge Petitioner-Appellee, In the Interest of A.A.G, a Child, and Concerning A.V., Respondent-Appellant. Division II Opinion by JUDGE HARRIS Webb and Ashby, JJ., concur

23 -23- P E T I T I O N S F O R R E H E A R I N G 2016COA75M Court of Appeals Case No. 13CA2155 Nicholas Javier Zapata, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA0714 Valerie Perea, Plaintiff-Appellant, Dan Ryan and Sherilynn Ryan, Defendants-Appellees. Petition for Rehearing DENIED

24 -24- Court of Appeals No. 14CA1719 Plaintiff-Appellant, Christopher Anthon Mazzarelli, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 15CA0379 Darwynn L. Barwick, Plaintiff-Appellant, Gage Jaehnig, Defendant-Appellee. Petition for Rehearing DENIED

25 -25- Court of Appeals No. 15CA0441 Ruben Joe Muniz, Petition for Rehearing DENIED Court of Appeals No. 15CA0535 Ruben Joe Muniz, Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S