-1- ANNOUNCEMENTS Colorado Court of Appeals October 19, 2017

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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 2017COA127 Court of Appeals No. 13CA1296 City and County of Denver District Court No. 11CR1007 Honorable John W. Madden IV, Judge Alfredo Juarez, ORDER AFFIRMED Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur

2 COA128 Court of Appeals No. 14CA1795 El Paso County District Court No. 13CR4158 Honorable Barney Iuppa, Judge Marcus Lee Robinson, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BERGER Harris, J., concurs Furman, J., specially concurs 2017COA129 Court of Appeals No. 15CA0410 Adams County District Court No. 13CR1830 Honorable John E. Popovich, Judge Victor Manuel Mendez, Division V Opinion by JUDGE ROMÁN Navarro and Nieto*, JJ., concur

3 COA130 Court of Appeals No. 15CA1425 Boulder County District Court No. 14CR139 Honorable Patrick D. Butler, Judge Israel Heredia-Cobos, Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur 2017COA131 Court of Appeals No. 16CA1474 Weld County District Court No. 14CR2065 Honorable Thomas J. Quammen, Judge Thomas Fallis, Defendant-Appellee, and Alfred Perna, Surety-Appellant. ORDER VACATED Division V Opinion by JUDGE ASHBY Román and Navarro, JJ., concur

4 COA132 Court of Appeals No. 16CA1542 Arapahoe County District Court No. 14MH13 Honorable Theresa M. Slade, Judge Petitioner-Appellee, In the Interest of T.T., Respondent-Appellant. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FOX Richman, J., concurs Bernard, J., dissents

5 COA133 Court of Appeals No. 16CA1678 Arapahoe County District Court No. 16CV173 Honorable Phillip L. Douglass, Judge Harley Adams; Ernest Vigil; and Phyllis Vigil, Plaintiffs-Appellants, Arlene Sagee, in her official capacity as the Sheridan City Clerk; Devin Granberry, in his official capacity as the Sheridan City Manager; Dallas Hall, in his official capacity as the Mayor of Sheridan and a member of the City Council; Tara Beiter-Fluhr, in her official capacity as the Mayor Pro Tem of Sheridan and a member of the City Council; David Black, in his official capacity as a member of the Sheridan City Council; Ernie Camacho, in his official capacity as a member of the Sheridan City Council; Sally Daigle, in her official capacity as a member of the Sheridan City Council; Leon Hartness, in his official capacity as a member of the Sheridan City Council; and Gary Howard, in his official capacity as a member of the Sheridan City Council, Defendants-Appellees. Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur

6 COA134 Court of Appeals No. 16CA1723 Board of Assessment Appeals, State of Colorado Case Nos , 68338, & HDH Partnership; Lawrence Ausherman; Mark L. Ish; Herb Marchman; Hondros Family Real Estate, LLC; and Teresa M. Mull Revocable Trust, Petitioners-Appellants, Hinsdale County Board of Equalization, Respondent-Appellee and Board of Assessment Appeals, State of Colorado, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur

7 COA135 Court of Appeals No. 17CA0182 Montrose County District Court No. 15JV81 Honorable David S. Westfall, Judge Petitioner-Appellee, In the Interest of C.A., a Child, and Concerning R.A. and N.C., Respondents-Appellants. ORDER OF LIMITED REMAND Division A Furman, Ashby, and Welling, JJ. PER CURIAM

8 -8- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 14CA0705 Teller County District Court No. 11CR137 Honorable Edward S. Colt, Judge Karen Deette Clark, Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur Court of Appeals No. 14CA1779 Weld County District Court No. 08CR676 Honorable Thomas J. Quammen, Judge Alejandro Ceja-Valderas, ORDER AFFIRMED Division VI Opinion by JUDGE DAVIDSON* Furman and Navarro, JJ., concur

9 -9- Court of Appeals No. 14CA1790 Adams County District Court No. 13CR2864 Honorable Thomas R. Ensor, Judge Alex Lee Carter, Division IV Opinion by JUDGE BOORAS Graham and Dunn, JJ., concur Court of Appeals No. 14CA2082 City and County of Denver District Court No. 13CR418 Honorable Andrew P. McCallin, Judge Honorable J. Eric Elliff, Judge Franky Lamont Session,, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Márquez*, JJ., concur

10 -10- Court of Appeals No. 14CA2415 Jefferson County District Court No. 10CR2904 Honorable Margie L. Enquist, Judge Sir Kevin Eric Williams, ORDER AFFIRMED Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur Court of Appeals No. 15CA0251 City and County of Denver District Court No. 14CR1507 Honorable J. Eric Elliff, Judge Jerry Williams, IN PART AND REVERSED IN PART, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Lichtenstein and Berger, JJ., concur

11 -11- Court of Appeals No. 15CA0758 Adams County District Court No. 14CR1046 Honorable Katherine R. Delgado, Judge Dana Adair, Division IV Opinion by JUDGE BOORAS Graham and Dunn, JJ., concur Court of Appeals No. 15CA1082 El Paso County District Court No. 14CR1396 Honorable William B. Bain, Judge Roy Lynn Holley, Division II Opinion by JUDGE HAWTHORNE Dailey and Welling, JJ., concur

12 -12- Court of Appeals No. 15CA1255 Jefferson County District Court No. 14CR1508 Honorable Margie L. Enquist, Judge Plaintiff-Appellant, Jeremy Michael Berbert, Division IV Opinion by JUDGE BOORAS Dunn and Carparelli*, JJ., concur Court of Appeals No. 15CA1965 Arapahoe County District Court No. 14CR731 Honorable Marilyn Leonard Antrim, Judge Carlos Jimenez-Olivares, Division VI Opinion by JUDGE BERNARD Terry and Harris, JJ., concur

13 -13- Court of Appeals No. 15CA2003 Arapahoe County District Court No. 03CR3359 Honorable Elizabeth B. Volz, Judge Honorable Thomas C. Levi, Judge Honorable Timothy L. Fasing, Judge Lennie David Moses, JUDGMENT AND ORDER AFFIRMED Division VI Opinion by JUDGE HARRIS Bernard and Terry, JJ., concur Court of Appeals No. 16CA0041 City and County of Denver District Court No. 15CR585 Honorable Martin F. Egelhoff, Judge Erin H. Walsh, Division VI Opinion by JUDGE BERNARD Terry and Harris, JJ., concur

14 -14- Court of Appeals No. 16CA0398 Arapahoe County District Court No. 14CR2953 Honorable Marilyn Leonard Antrim, Judge Robert Dustin Weber, Division VII Opinion by JUDGE FREYRE J. Jones and Fox, JJ., concur Court of Appeals No. 16CA0413 City and County of Denver District Court No. 15CV685 Honorable Karen L. Brody, Judge Ronald M. Southard, Plaintiff-Appellant, Mountain View Investment and Vernon Collins, Defendants-Appellees. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FURMAN Berger and Harris, JJ., concur

15 -15- Court of Appeals No. 16CA0688 Larimer County District Court No. 15DR287 Honorable Julie Kunce Field, Judge In re the Marriage of Shari Lynn Erickson, Appellee, and Russell Keith Erickson, Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE DAILEY Hawthorne and Welling, JJ., concur Court of Appeals No. 16CA0739 Arapahoe County District Court No. 15CR790 Honorable Frederick Thomas Martinez, Judge Marco Wayne Smith, ORDER AFFIRMED Division III Opinion by JUDGE LICHTENSTEIN Webb and Berger, JJ., concur

16 -16- Court of Appeals No. 16CA0935 Pueblo County District Court No. 13JA34 Honorable Joyce R. Cohen, Judge In re the Petition of C.V., Petitioner-Appellee, for the Adoption of J.D-A.L., a Child, and Concerning D.A.L., Respondent-Appellant. Division V Opinion by JUDGE ROMÁN Navarro and Ashby, JJ., concur Court of Appeals No. 16CA1026 Routt County District Court No. 15CV30061 Honorable Shelley A. Hill, Judge CWH Properties LLC, a Colorado limited liability company, Plaintiff-Appellant, State of Colorado, by and through the State Board of Land Commissioners, Defendant-Appellee. APPEAL DISMISSED Division VI Opinion by JUDGE HARRIS Furman, J. concurs Márquez*, J., dissents

17 -17- Court of Appeals No. 16CA1235 Pitkin County District Court No. 13CV98 Honorable Gail H. Nichols, Judge Honorable Christopher G. Seldin, Judge Arrigo Capital Group, LLC, a North Carolina limited liability company, Plaintiff-Appellant and Cross-Appellee, Mill Street Capital Partners, LLC, a Colorado limited liability company, Defendant-Appellee and Cross-Appellant, and Timothy Presutti, Defendant-Cross-Appellant. AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Bernard and Harris, JJ., concur

18 -18- Court of Appeals No. 16CA1333 Adams County District Court No. 15CV30571 Honorable John N. McMullen, Judge Shawn R. Claycomb, Plaintiff-Appellee and Cross-Appellant, Virginia L. Fox, Defendant-Appellant and Cross-Appellee. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur Court of Appeals No. 16CA1390 City and County of Denver District Court Nos. 12CR3592, 12CR3773, 12CR4939 & 15CR10146 Honorable Morris B. Hoffman, Judge Darian R. Craft, ORDER AFFIRMED Division V Opinion by JUDGE ROMÁN Navarro and Ashby, JJ., concur

19 -19- Court of Appeals No. 16CA1518 Jefferson County District Court No. 05CR228 Honorable Laura A. Tighe, Judge Jason M. Sloan, ORDER AFFIRMED Division III Opinion by JUDGE BERGER Webb and Lichtenstein, JJ., concur Court of Appeals No. 16CA1650 Adams County District Court No. 13CR2788 Honorable Robert W. Kiesnowski, Judge Andrew M. White, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Bernard and Harris, JJ., concur

20 -20- Court of Appeals No. 16CA1706 Adams County District Court No. 10CR3265 Honorable Patrick T. Murphy, Judge Isaac Kofi Aryee, ORDER AFFIRMED Division V Opinion by JUDGE NAVARRO Román and Ashby, JJ., concur Court of Appeals No. 16CA1736 Arapahoe County District Court No. 11DR477 Honorable Frederick T. Martinez, Judge In re the Marriage of Richard Doll, Appellant, and Donna Provenzano-Doll, Appellee. ORDERS AFFIRMED Division II Opinion by JUDGE HAWTHORNE Dailey and Welling, JJ., concur

21 -21- Court of Appeals No. 16CA1788 Adams County District Court No. 12CR2231 Honorable Katherine R. Delgado, Judge Juan Cortes-Ortiz, ORDER AFFIRMED Division VI Opinion by JUDGE HARRIS Bernard and Terry, JJ., concur Court of Appeals No. 16CA1799 City and County of Denver District Court Nos. 99CR4131, 99CR4135 & 00CR3513 Honorable Kenneth M. Laff, Judge Roger L. Clarke, ORDER AFFIRMED Division IV Opinion by JUDGE CARPARELLI* Booras and Dunn, JJ., concur

22 -22- Court of Appeals No. 16CA2021 City and County of Denver Juvenile Court No. 15JV2010 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of S.I.S., a Child, and Concerning D.M.S., Respondent-Appellant. Division III Opinion by JUDGE LICHTENSTEIN Webb and Berger, JJ., concur

23 -23- Court of Appeals No. 16CA2070 City and County of Denver District Court No. 16CV33239 Honorable J. Eric Elliff, Judge Vincent C. Todd, Plaintiff-Appellant, and Timothy R. Bussey, Attorney-Appellant, Ann Hause, Jeffrey Groff, and Colorado Department of Public Health and Environment, Defendants-Appellees. APPEAL DISMISSED IN PART AND Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur

24 -24- Court of Appeals No. 17CA0011 Adams County District Court No. 16CV174 Honorable Ted C. Tow, Judge Sofio Cruz-Rosales, Plaintiff-Appellant, Rick Raemisch, Executive Director, Colorado Department of Corrections; and James Falk, Warden of the Limon Correctional Facility, Defendants-Appellees. APPEAL DISMISSED Division IV Opinion by JUDGE DUNN Booras and Nieto*, JJ., concur Court of Appeals No. 17CA0087 Larimer County District Court No. 14CR1703 Honorable Stephen J. Schapanski, Judge Chataigner McCaffrey, APPEAL DISMISSED Division V Opinion by JUDGE ASHBY Román and Navarro, JJ., concur

25 -25- Court of Appeals No. 17CA0266 City and County of Denver Juvenile Court No. 16JV86 Honorable D. Brett Woods, Judge Petitioner-Appellee, In the Interest of Z.R.V.A.M.H., a Child, and Concerning L.J.H., Respondent-Appellant. Division I Opinion by JUDGE RICHMAN Taubman and Furman, JJ., concur Court of Appeals No. 17CA0363 Douglas County District Court No. 16JV5 Honorable Stephen M. Munsinger, Judge Petitioner-Appellee, In the Interest of E.M., a Child, and Concerning M.M., Respondent-Appellant. Division III Opinion by JUDGE LICHTENSTEIN Webb and Berger, JJ., concur

26 -26- Court of Appeals No. 17CA0370 Industrial Claim Appeals Office of the State of Colorado WC No Brook Asfaw, Petitioner, Industrial Claim Appeals Office of the State of Colorado and King Soopers, Respondents. ORDER AFFIRMED Division IV Opinion by CHIEF JUDGE LOEB Davidson* and Kapelke*, JJ., concur Court of Appeals No. 17CA0422 Jefferson County District Court No. 16JV120 Honorable Ann G. Meinster, Judge Petitioner-Appellee, In the Interest of Y.O-W., a Child, and Concerning A.O-A., Respondent-Appellant. Division I Opinion by JUDGE RICHMAN Taubman and Furman, JJ., concur

27 -27- Court of Appeals No. 17CA0581 Industrial Claim Appeals Office of the State of Colorado DD No Ellen M. Salz, Petitioner, Industrial Claim Appeals Office of the State of Colorado and New York Deli News, Inc., Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE DAVIDSON* Loeb, C.J., and Kapelke*, J., concur Court of Appeals No. 17CA0760 Park County District Court No. 16CV3010 Honorable Stephen A. Groome, Judge Kenneth Wade Garner, Plaintiff-Appellant, Bridgette Tomasetti, solely in her capacity as hearing officer with the Colorado Department of Revenue, Division of Motor Vehicles; Division of Motor Vehicles, acting by and through its executive director, Barbara J. Brohl, Defendants-Appellees. Division II Opinion by JUDGE WELLING Dailey and Hawthorne, JJ., concur

28 -28- Court of Appeals No. 17CA1246 Industrial Claim Appeals Office of the State of Colorado DD No Chandra Noelle Donley, Petitioner, Industrial Claim Appeals Office of the State of Colorado and People Ready, Inc., Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE KAPELKE* Loeb, C.J., and Davidson*, J., concur Court of Appeals No. 17CA1441 Pueblo County District Court No. 17MH177 Honorable Jill S. Mattoon, Judge Petitioner-Appellee, In the Interest of Benjamin George Gruber, Respondent-Appellant. ORDER AFFIRMED Division I Opinion by JUDGE FURMAN Taubman and Richman, JJ., concur

29 -29- Court of Appeals No. 13CA1770 P E T I T I O N S F O R R E H E A R I N G Sean Michael Lawson, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA0139 Martin David Angelo, Petition for Rehearing DENIED

30 -30- Court of Appeals No. 15CA0627 Secundino Martinez, Opinion Modified and Petitions for Rehearing DENIED Court of Appeals No. 16CA1645 Angelica Porras, Catherine Pecha, and Gary Wolter, Plaintiffs-Appellants, HCA-HealthOne LLC, d/b/a Swedish Medical Center; HealthONE of Denver, Inc.; and Hospital Corporation of America (HCA), Defendants-Appellees. Petition for Rehearing DENIED Dailey, J., would GRANT

31 -31- M O D I F I E D O P I N I O N S 2017COA115M Court of Appeals No. 14CA0586 Boulder County District Court No. 13CR1092 Honorable Patrick D. Butler, Judge Honorable Thomas F. Mulvahill, Judge Michael A. Camarigg, Division IV Opinion by JUDGE GRAHAM J. Jones and Welling, JJ., concur Opinion Modified On the Court s Own Motion Announced September 7, 2017 *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S