-1- ANNOUNCEMENTS Colorado Court of Appeals October 9, 2014

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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 Court of Appeals No. 11CA1132 Weld County District Court No. 09CR1370 Honorable Todd L. Taylor, Judge Juan Antonio Morales, JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur

2 -2- Court of Appeals No. 12CA0090 La Plata County District Court No. 10CR507 Honorable David L. Dickenson, Judge Mark Steven Brown, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BERNARD Taubman and Navarro, JJ., concur Court of Appeals No. 12CA1072 Boulder County District Court No. 11CR1657 Honorable Ingrid S. Bakke, Judge Antonio Jaso, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE GRAHAM Lichtenstein and Booras, JJ., concur

3 -3- Court of Appeals No. 12CA2167 Arapahoe County District Court No. 11CR2497 Honorable John L. Wheeler, Judge Plaintiff-Appellee and Cross-Appellant, Lisa Lynne Hard, Defendant-Appellant and Cross-Appellee. JUDGMENT VACATED IN PART, REVERSED IN PART, AND AFFIRMED IN PART, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur Court of Appeals No. 13CA0388 La Plata County District Court No. 12CV47 Honorable Suzanne F. Carlson, Judge Wanda M. Cordell and Carl A. Cordell, Plaintiffs-Appellees, Bradley Klingsheim, JUDGMENT AFFIRMED Division V Opinion by JUDGE HAWTHORNE Ashby, J., concurs J. Jones, J., dissents

4 -4- Court of Appeals No. 13CA0648 El Paso County District Court No. 11CV2036 Honorable G. David Miller, Judge Mary Catherine Gasteazoro, by and through her Conservator, Janice Eder, Plaintiff-Appellant, Catholic Health Initiatives Colorado, d/b/a Centura Health-Penrose-St. Francis Health Services; and Leticia Overholt, M.D., Defendants-Appellees. JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Furman and Navarro, JJ., concur Court of Appeals No. 13CA0752 Arapahoe County District Court No. 11CV517 Honorable Charles M. Pratt, Judge Brian K. Johnson, Plaintiff-Appellant, State Farm Mutual Automobile Insurance Company, Inc., a Corporation, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE BERNARD Navarro and Roy*, JJ., concur

5 -5- Court of Appeals No. 13CA1364 El Paso County District Court No. 12CV3021 Honorable G. David Miller, Judge James M. Graham and Nichole J. Graham, Plaintiffs-Appellants, Jules Investment, Inc., and Big Cats of Serenity Springs, Inc., d/b/a Serenity Springs Wildlife Center, Defendants-Appellees. JUDGMENT AFFIRMED Division VI Opinion by JUDGE BERNARD Fox and Márquez*, JJ., concur Court of Appeals No. 13CA1798 Industrial Claim Appeals Office of the State of Colorado WC No Norma Patricia Hoff, Petitioner, Industrial Claim Appeals Office of the State of Colorado; Hernan Hernandez; MDR Roofing, Inc.; Alliance Construction & Restoration, Inc.; and Pinnacol Assurance, Respondents. ORDER SET ASIDE IN PART AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Casebolt, J., concurs in part and dissents in part Berger, J., concurs in part and dissents in part

6 -6- Court of Appeals No. 14CA1045 Pueblo County District Court No. 14MH199 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Christian Wayne Hardesty, Respondent-Appellant. ORDER AFFIRMED Division VII Opinion by JUDGE TERRY Furman and Lichtenstein, JJ., concur

7 -7- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 08CA2497 City and County of Denver District Court No. 07CR2657 Honorable Catherine A. Lemon, Judge Kevin Patrick Jones, JUDGMENT AFFIRMED Division II Opinion by JUDGE HAWTHORNE Gabriel and Roy*, JJ., concur Court of Appeals No. 10CA1952 Summit County District Court No. 09CR268 Honorable Karen Ann Romeo, Judge Carl Erik Parker, CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BOORAS Terry and Fox, JJ., concur

8 -8- Court of Appeals No. 10CA2301 City and County of Denver District Court No. 10CR260 Honorable Kenneth M. Laff, Judge Plaintiff- Appellee, Henry Chris Urrutia, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE BOORAS Casebolt and Bernard, JJ., concur Court of Appeals No. 11CA1664 Weld County District Court No. 10CR1170 Honorable Julie C. Hoskins, Judge Eduardo Misael Peña-Landa, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER J. Jones and Miller, JJ., concur

9 -9- Court of Appeals No. 11CA1963 Arapahoe County District Court No. 10CR1630 Honorable Michael J. Spear, Judge David Jeffrey Eloi, JUDGMENTS AFFIRMED Division III Opinion by JUDGE STERNBERG* Hawthorne and Dunn, JJ., concur Court of Appeals No. 11CA2258 Jefferson County District Court No. 10CR3185 Honorable Philip J. McNulty, Judge Michael Eugene West, JUDGMENT AFFIRMED Division I Opinion by JUDGE RICHMAN Taubman and Terry, JJ., concur

10 -10- Court of Appeals No. 11CA2475 Mesa County District Court No. 11CR135 Honorable Richard T. Gurley, Judge Rigoberto Ernest Madrid, Jr., JUDGMENT AFFIRMED Division III Opinion by JUDGE DUNN Hawthorne and Sternberg*, JJ., concur Court of Appeals No. 12CA0009 Douglas County District Court No. 09CR251 Honorable Vincent R. White, Judge David Van Matre, JUDGMENT AFFIRMED Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur

11 -11- Court of Appeals No. 12CA0749 Pueblo County District Court No. 03CR1410 Honorable David W. Crockenberg, Judge Timothy Michael Radloff, ORDER AFFIRMED Division II Opinion by JUDGE GABRIEL Casebolt and Román, JJ., concur Court of Appeals No. 12CA1426 Weld County District Court No. 11CR467 Honorable Thomas J. Quammen, Judge Paul David Marquez, JUDGMENT AND SENTENCE AFFIRMED Division III Opinion by JUDGE HAWTHORNE Dailey and Dunn, JJ., concur

12 -12- Court of Appeals No. 12CA1741 City and County of Denver District Court No. 11CR2082 Honorable William D. Robbins, Judge Honorable Sheila A. Rappaport, Judge Victoria Barry, JUDGMENT AFFIRMED IN PART AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE CASEBOLT Román and Gabriel, JJ., concur Court of Appeals No. 12CA1818 Weld County District Court No. 11CR1798 Honorable Julie C. Hoskins, Judge Herman Schneider, JUDGMENT AFFIRMED Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur

13 -13- Court of Appeals No. 12CA2456 El Paso County District Court No. 11CR3255 Honorable David L. Shakes, Judge Heather Elizabeth Allison, JUDGMENT AFFIRMED Division II Opinion by JUDGE CASEBOLT Román and Gabriel, JJ., concur Court of Appeals No. 13CA0441 Jefferson County District Court No. 06CR3103 Honorable Stephen M. Munsinger, Judge Philip Andrew Stalkup, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur

14 -14- Court of Appeals No. 13CA1278 State Personnel Board No. 07G089 Barbara Kirkmeyer, Petitioner-Appellant, Department of Local Affairs, State of Colorado, Respondent-Appellee, and Colorado State Personnel Board, Appellee. ORDER AFFIRMED Division IV Opinion by JUDGE WEBB Furman and Navarro, JJ., concur Court of Appeals No. 13CA1803 City and County of Denver Juvenile Court No. 13JD482 Honorable Donna J. Schmalberger, Judge In the Interest of J.M., Juvenile-Appellant. JUDGMENT AFFIRMED Division II Opinion by JUDGE GABRIEL Casebolt and Román, JJ., concur

15 -15- Court of Appeals No. 13CA1868 Adams County District Court No. 13DR127 Honorable Chris Melonakis, Judge In re the Marriage of Gregg C. Charmley, Appellee, and Joy Charmley, Appellant. JUDGMENT AFFIRMED Division VII Opinion by JUDGE MILLER J. Jones, J., concurs Berger, J., dissents

16 -16- Court of Appeals No. 07CA1045 P E T I T I O N S F O R R E H E A R I N G David Mark Archuleta, Court of Appeals No. 11CA0404 Byron Kyle Gay,

17 -17- Court of Appeals No. 11CA1271 Susan Leigh Stock, Court of Appeals No. 11CA1280 Sebastian Ioakie Nunez,

18 -18- Court of Appeals No. 12CA1655 & 12CA2200 Diamond Lofts Venture, LLC, Plaintiff-Appellant, Sure-Shock Electric, Inc. Defendants-Appellees. Court of Appeals No. 12CA1789 Diamond Lofts Venture, LLC, Plaintiff-Appellant, Bronco Fire Alarm Systems, Inc. Defendants-Appellees.

19 -19- Court of Appeals No. 12CA1926 Angel Quintana, Court of Appeals No. 12CA2135 Charles Thomas Whitten, Opinion Modified and

20 -20- Court of Appeals No. 12CA2290 Anthony Lawrence Garcia, Court of Appeals No. 13CA0650 In re the Marriage of Jessica Turner, Appellee, and Daniel Miller, Appellant.

21 -21- Court of Appeals No. 13CA0664 Woodie Mack Ashfield, Court of Appeals No. 13CA0989 Reid Lester, Plaintiff-Appellant, The Career Building Academy, a Colorado Nonprofit Corporation; and Rick Johnson, LLC, a Colorado limited liability company, d/b/a Johnson Heating and Plumbing, Defendants-Appellees.

22 -22- Court of Appeals No. 13CA1395 Colorado Department of Public Health and Environment, Hazardous Materials and Waste Management Division, Plaintiff-Appellant, Vernon L. Dalke and Dalke s Laundry and Dry Cleaning, Inc., Defendants-Appellees. Court of Appeals No. 13CA1427 Deborah Mackall and Herbert Hutchins, Plaintiffs-Appellants, JPMorgan Chase Bank, N.A.; Chase Home Finance LLC; and Mortgage Electronic Registration Systems, Inc., Defendants-Appellees.

23 -23- Court of Appeals No. 13CA1692 Gregory C. Reed, * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S