-1- ANNOUNCEMENTS Colorado Court of Appeals March 10, 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 2016COA32 Court of Appeals No. 14CA1424 Lincoln County District Court No. 11CV45 Honorable Jeffrey K. Holmes, Judge Keith Clayton Brooks, Jr., Plaintiff-Appellant, Rick Raemisch, Executive Director, Colorado Department of Corrections, and Angela Medina, Warden, Limon Correctional Facility, Defendants-Appellees. IN PART AND VACATED IN PART Division VII Opinion by JUDGE BERGER Richman and Dunn, JJ., concur

2 COA33 Court of Appeals Nos. 14CA1483 & 15CA0216 City and County of Denver District Court Nos. 11CV5601 & 12CV5910 Honorable Kenneth M. Laff, Judge Rocky Mountain Exploration, Inc., and RMEI Bakken Joint Venture Group, Plaintiffs-Appellants, Davis Graham & Stubbs LLP and Gregory Danielson, Defendants-Appellees. Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur 2016COA34 Court of Appeals No. 14CA1581 Morgan County District Court No. 11CV51 Honorable Michael K. Singer, Judge Estate of Robert A. Petteys, by and through the Personal Representative, Beverly Beattie, Plaintiff-Appellant and Cross-Appellee, Farmers State Bank of Brush, Trustee of the Alonzo & Anna Petteys Children s Trust, Share for Robert A. Petteys Issue, Defendant-Appellee and Cross-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

3 COA35 Court of Appeals No. 14CA1719 El Paso County District Court No. 13CR3800 Honorable Barney Iuppa, Judge Plaintiff-Appellant, Christopher Anthon Mazzarelli, Defendant-Appellee. SENTENCE AFFIRMED Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur 2016COA36 Court of Appeals No. 14CA2192 Chaffee County District Court No. 07DR75 Honorable Charles M. Barton, Judge In re the Marriage of Cari Amanda Gross, n/k/a Cari Amanda Rohrich, Appellant, and Michael David Gross, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur

4 COA37 Court of Appeals No. 14CA2383 State Personnel Board Case No. 2012B 128 Department of Human Services, Colorado Mental Health Institute at Pueblo, Petitioner-Appellant, State Personnel Board and Joanne Brown, Respondents-Appellees. ORDERS AFFIRMED Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur 2016COA38 Court of Appeals Nos. 14CA2454, 14CA2455, 14CA2456 & 14CA2457 Alamosa County District Court Nos. 13JV56, 14JR17, 14JR18 & 14JR19 Honorable Amanda Kay Peterson, Judge Petitioner-Appellee, In the Interest of E.M., L.M., and E.J.M., Children, and Concerning L.G.M., Respondent-Appellant. JUDGMENTS DISMISSED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE ASHBY Loeb, C.J., and Furman, J., concur

5 COA39 Court of Appeals No. 14CA2502 Garfield County District Court No. 06CV317 Honorable Denise K. Lynch, Judge Ivo Lindauer; Sidney Lindauer; Ruth Lindauer; and Diamond Minerals, LLC, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, Williams Production RMT Company, n/k/a WPX Energy Rocky Mountain, LLC, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE RICHMAN Berger and Rothenberg*, JJ., concur 2016COA40 Court of Appeals No. 15CA0109 Boulder County District Court No. 14CV30911 Honorable Ingrid S. Bakke, Judge Brian Rowland, Plaintiff-Appellant, Department of Revenue, Division of Motor Vehicles, Defendant-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE BERGER Richman and Dunn, JJ., concur

6 COA41 Court of Appeals No. 15CA0346 Larimer County District Court No. 14CV30917 Honorable Julie Kunce Field, Judge Scott E. Foster, Plaintiff-Appellant, John E. Plock, Defendant-Appellee. AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by CHIEF JUDGE LOEB Davidson* and Nieto*, 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. 12CA0896 Adams County District Court No. 10CR1927 Honorable F. Michael Goodbee, Judge Cesar Reyes-Marquez, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE GRAHAM Davidson* and Casebolt*, JJ., concur Court of Appeals No. 12CA1173 El Paso County District Court No. 11CR683 Honorable Jann P. Dubois, Judge Detra Dione Farries, JUDGMENT AND SENTENCE AFFIRMED Division II Opinion by JUDGE DAVIDSON* Dailey and Graham, JJ., concur

8 -8- Court of Appeals No. 12CA2380 Boulder County District Court No. 06CR472 Honorable Thomas F. Mulvahill, Judge Mark David Baertschy, ORDER AFFIRMED Division II Opinion by JUDGE GRAHAM Dailey and Davidson*, JJ., concur Court of Appeals No. 12CA2409 Weld County District Court No. 11CR1860 Honorable Thomas J. Quammen, Judge Michael Leroy Kassel, Division II Opinion by JUDGE DAILEY Graham and Davidson*, JJ., concur

9 -9- Court of Appeals No. 13CA0688 City and County of Denver District Court No. 11CR4799 Honorable Brian R. Whitney, Judge Robert Antonio Basquez, Division V Opinion by JUDGE BERNARD Furman and Lichtenstein, JJ., concur Court of Appeals No. 13CA0783 El Paso County District Court No. 11CR4439 Honorable Ronald G. Crowder, Judge Roderick Laron Elam, Jr., JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BOORAS Webb, J., concurs J. Jones, J., specially concurs

10 -10- Court of Appeals No. 13CA0881 El Paso County District Court No. 11CR4300 Honorable Barney Iuppa, Judge Nathan Kyle Gasser, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur Court of Appeals No. 13CA1737 Jefferson County District Court No. 11CR309 Honorable Tamara S. Russell, Judge Theodore Charles Anton, ORDER AFFIRMED Division V Opinion by JUDGE BERNARD Furman and Rothenberg*, JJ., concur

11 -11- Court of Appeals No. 14CA0020 El Paso County District Court Nos. 12CR1797 & 12CR4275 Honorable Barney Iuppa, Judge Samantha May Cline, APPEAL DISMISSED Division VII Opinion by JUDGE DUNN Richman and Berger, JJ., concur Court of Appeals No. 14CA0100 Adams County District Court No. 12CR1208 Honorable Thomas R. Ensor, Judge Tom Joe Grose, SENTENCE AFFIRMED Division VII Opinion by CHIEF JUDGE LOEB Plank* and Nieto*, JJ., concur

12 -12- Court of Appeals No. 14CA0765 City and County of Denver District Court No. 13CR564 Honorable Michael J. Vallejos, Judge Theodore A. Trusty, Division V Opinion by JUDGE FURMAN Bernard and Sternberg*, JJ., concur Court of Appeals No. 14CA1004 El Paso County District Court No. 10CR1558 Honorable Barney Iuppa, Judge Joshua Levi Alger, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur

13 -13- Court of Appeals No. 14CA1049 City and County of Denver District Court No. 13CR1214 Honorable A. Bruce Jones, Judge Leo Steven Montoya, Division IV Opinion by JUDGE HAWTHORNE Román and Harris, JJ., concur Court of Appeals No. 14CA1382 City and County of Denver District Court No. 13CR4755 Honorable Edward D. Bronfin, Judge Jason Garrison, Division VII Opinion by JUDGE RICHMAN Dunn and Berger, JJ., concur

14 -14- Court of Appeals No. 14CA1442 City and County of Denver District Court No. 13CR5040 Honorable Martin F. Egelhoff, Judge Eric Sanchez, Division VII Opinion by JUDGE PLANK* Loeb, C.J., and Nieto*, J., concur Court of Appeals No. 14CA1710 City and County of Denver District Court No. 13CR2933 Honorable Ann B. Frick, Judge Derris R. Mayberry, Division V Opinion by JUDGE KAPELKE* Furman and Bernard, JJ., concur

15 -15- Court of Appeals No. 14CA2164 Chaffee County District Court No. 2014CR7 Honorable Charles M. Barton, Judge Adam Isolano Smith, IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HARRIS Hawthorne and Román, JJ., concur Court of Appeals No. 14CA2224 City and County of Denver District Court No. 14DR309 Honorable Kandace C. Gerdes, Judge In re the Marriage of Andrew S. Zeikowitz, Appellee, and Moriah M. Zeikowitz, Appellant. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur

16 -16- Court of Appeals No. 14CA2312 Weld County District Court Nos. 11CR604 & 11CR610 Honorable Marcelo A. Kopcow, Judge John Leroy Lucio, APPEAL DISMISSED Division IV Opinion by JUDGE ROMÁN Hawthorne and Harris, JJ., concur Court of Appeals No. 14CA2370 Custer County District Court No. 03CR10 Honorable David M. Thorson, Judge Andrew V. Solazzo, ORDER AFFIRMED Division VI Opinion by JUDGE NAVARRO Freyre and Sternberg*, JJ., concur

17 -17- Court of Appeals No. 14CA2442 Adams County District Court No. 13CR1571 Honorable Patrick T. Murphy, Judge Heriberto Eddie Fernandez, Division V Opinion by JUDGE BERNARD Furman and Sternberg*, JJ., concur

18 -18- Court of Appeals No. 14CA2493 Jefferson County District Court No. 12CV2852 Honorable Lily W. Oeffler, Judge Jodie Thane and Todd Thane, Plaintiffs-Appellants, Kenneth L. Farrell, Defendant-Appellee, and Kenneth L. Farrell, Third Party Estate of Aaron Thane and Jodie Thane, Third Party Defendants-Appellants. Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur

19 -19- Court of Appeals No. 15CA0021 Adams County District Court No. 14CR857 Honorable Thomas R. Ensor, Judge Warren Clarence Carter, Division I Opinion by JUDGE TAUBMAN Miller and Fox, JJ., concur Court of Appeals No. 15CA0144 El Paso County District Court No. 09DR2744 Honorable Larry E. Schwartz, Judge In re the Marriage of Gregory A. Czarnecki, Appellant, and Helga Czarnecki, Appellee. ORDER AFFIRMED Division II Opinion by JUDGE DAILEY Graham and Ashby, JJ., concur

20 -20- Court of Appeals No. 15CA0337 City and County of Denver District Court No. 14CV32605 Honorable Catherine A. Lemon, Judge Timothy R. Bussey, Plaintiff-Appellant, Jeffrey Alan Groff, in his official capacity as Program Manager of the Evidential Breath Alcohol Testing Program of the Colorado Department of Health and Environment; the Colorado Department of Public Health and Environment; Ann Hause, in her official capacity as Director of the Office of Legal and Regulatory Compliance for the Colorado Department of Public Health and Environment; and Deborah Nelson, in her official capacity as Board of Health Administrator for the Office of Legal and Regulatory Compliance for the Colorado Department of Public Health and Environment, Defendants-Appellees. ORDER AFFIRMED Division V Opinion by JUDGE KAPELKE* Furman and Bernard, JJ., concur

21 -21- Court of Appeals No. 15CA0405 Douglas County District Court No. 06CR236 Honorable Paul A. King, Judge Wrighty Wilkins Velarde, ORDER AFFIRMED Division VI Opinion by JUDGE STERNBERG* Navarro and Casebolt, JJ., concur Court of Appeals No. 15CA0444 City and County of Denver District Court No. 88CR707 Honorable William D. Robbins, Judge Wendell Todd Jones, ORDER AFFIRMED Division I Opinion by JUDGE MILLER Taubman and Fox, JJ., concur

22 -22- Court of Appeals No. 15CA0597 Douglas County District Court No. 06DR620 Honorable Michael J. Spear, Judge In re the Marriage of Jennifer Townley, Appellant, and Brian Townley, Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE GRAHAM Dailey and Ashby, JJ., concur Court of Appeals No. 15CA0614 Boulder County District Court No. 14CV31130 Honorable Judith L. Labuda, Judge Jonathan Landman, Plaintiff-Appellant, Dr. Michael Kosacoff, Defendant-Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Graham and Davidson*, JJ., concur

23 -23- Court of Appeals No. 15CA0624 Arapahoe County District Court No. 14CV31672 Honorable J. Mark Hannen, Judge Homaidan Al-Turki, Plaintiff-Appellant, George Brauchler, in his official capacity as the District Attorney for the 18th Judicial District; Richard Orman, in his official capacity as the authorized Custodian of Records for the 18th Judicial District Attorney s Office, Defendants-Appellees. ORDER AFFIRMED Division VII Opinion by JUDGE BERGER Richman and Dunn, JJ., concur Court of Appeals No. 15CA0831 Weld County District Court No. 14DR30011 Honorable Andrea Koppenhofer, Magistrate In re the Marriage of Kirsten M. Karges Weaver, Appellant, and Patrick Wayne Weaver, Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Dailey and Graham, JJ., concur

24 -24- Court of Appeals No. 15CA1042 Adams County District Court No. 04CR701 Honorable Katherine R. Delgado, Judge Michael D. Stein, ORDER AFFIRMED Division I Opinion by JUDGE FOX Taubman and Miller, JJ., concur

25 -25- Court of Appeals No. 15CA1342 Montezuma County District Court No. 14JV14 Honorable Douglas S. Walker, Judge Petitioner, In the Interest of A.L. and H.K., Children, and Concerning N.W., Respondent-Appellant, and O.L., Respondent-Appellee. Division II Opinion by JUDGE GRAHAM Dailey and Davidson*, JJ., concur

26 -26- Court of Appeals No. 15CA1858 Elbert County District Court No. 14JV10 Honorable Jeffrey K. Holmes, Judge Petitioner-Appellee, In the Interest of S.H., a Child, and Concerning T.H., Respondent-Appellant. Division III Opinion by JUDGE WEBB J. Jones and Booras, JJ., concur Court of Appeals No. 15CA1987 Logan County District Court No. 15JV47 Honorable Michael K. Singer, Judge Petitioner-Appellee, In the Interest of W.A. and B.A., Children, and Concerning A.P., L.S. and S.A., Respondent-Appellant. Division III Opinion by JUDGE J. JONES Webb and Booras, JJ., concur

27 -27- Court of Appeals No. 15CA2007 Adams County District Court No. 15JV15 Honorable Jill-Ellyn Straus, Judge Petitioner-Appellee, In the Interest of A.I.M. and A.S.M., Children, and Concerning J.M., Respondent-Appellant. Division III Opinion by JUDGE BOORAS Webb and J. Jones, JJ., concur

28 -28- Court of Appeals No. 13CA0171 P E T I T I O N S F O R R E H E A R I N G Alberto Tomas Baca, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA1296 Gold Hill Development Company, L.P., Plaintiff-Appellant, TSG Ski & Golf, LLC, a Delaware limited liability company; TSG Asset Holdings, LLC, a Delaware limited liability company; and Board of County Commissioners of the County of San Miguel, Colorado, Defendants-Appellees. Petition for Rehearing DENIED

29 -29- Court of Appeals No. 14CA2387 Alfred Gabriel Sandoval, Petition for Rehearing DENIED Court of Appeals No. 15CA Lake Avenue, LLC and James K. Daggs, Plaintiffs-Appellants, U.S. Bank National Association (successor to Bank of America N.A., successor by merger to LaSalle Bank N.A.) as Trustee, on behalf of the Holders of the Thornburg Mortgage Securities Trust Mortgage Loan Pass-Through Certificates Series , Defendant-Appellee. Petition for Rehearing DENIED *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S