-1- ANNOUNCEMENTS Colorado Court of Appeals November 16, 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 2017COA140 Court of Appeals No. 14CA1920 Boulder County District Court No. 13CR124 Honorable Patrick D. Butler, Judge Julian Anastacio Deleon, Division IV Opinion by JUDGE J. JONES Graham J., concurs Welling, J., dissents

2 COA141 Court of Appeals No. 15CA1843 City and County of Broomfield District Court No. 11CV273 Honorable C. Scott Crabtree, Judge Steven A. Miller, Plaintiff-Appellant, Rebecca R. Hancock and Stephanie P. Maiolo, a/k/a Stephanie P. Aragon, Defendants-Appellees., ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE WELLING Graham and J. Jones, JJ., concur 2017COA142 Court of Appeals No. 16CA1198 Garfield County District Court No. 13CV30159 Honorable John F. Neiley, Judge Michael J. Sos, Roaring Fork Transportation Authority, a statutory regional transportation authority, Division VII Opinion by JUDGE FOX J. Jones and Freyre, JJ., concur

3 COA143 Court of Appeals Nos. 16CA1361, 16CA1362 & 16CA1363 El Paso County District Court Nos. 16CV30753, 16CV30754 & 16CV30755 Honorable William Trujillo, Magistrate Charles Alexander Robertson, Petitioner-Appellee, Respondent-Appellant. ORDERS VACATED, AND ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE NAVARRO Ashby and Carparelli*, JJ., concur 2017COA144 Court of Appeals No. 17CA0049 Fremont County District Court No. 16JV173 Honorable Ramsey L. Lama, Judge Petitioner-Appellee, In the Interest of M.M. and P.M. III, Children, and Concerning P.M., Jr., Respondent-Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE HARRIS Berger and Nieto*, JJ., concur

4 COA145 Court of Appeals No. 17CA0294 Industrial Claim Appeals Office of the State of Colorado WC No Judy Berthold, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Eberl s Claim Service, and Liberty Mutual Insurance, Respondents. ORDER AFFIRMED Division V Opinion by JUDGE NAVARRO Román and Ashby, JJ., concur

5 -5- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 14CA2512 Pueblo County District Court Nos. 05CR909 & 05CR1027 Honorable William D. Alexander, Judge Pedro Jaime Nival, ORDER AFFIRMED Division III Opinion by JUDGE VOGT* Webb and Berger, JJ., concur Court of Appeals No. 15CA0294 City and County of Denver District Court No. 14CR2332 Honorable Martin F. Egelhoff, Judge Ambrea Shanae Harris, Division III Opinion by JUDGE VOGT* Webb and Berger, JJ., concur

6 -6- Court of Appeals No. 15CA0426 City and County of Denver District Court No. 13CR6409 Honorable Morris B. Hoffman, Judge Honorable Ann B. Frick, Judge James B. Aragon, Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur Court of Appeals No. 15CA0926 Jefferson County District Court No. 14CR1164 Honorable Todd L. Vriesman, Judge Justin Matthew Van Orman, Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur

7 -7- Court of Appeals No. 15CA1016 El Paso County District Court No. 12CR3386 Honorable Richard V. Hall, Judge Murray Richard Basinger, Division VII Opinion by JUDGE FREYRE Fox, J., concurs J. Jones specially concurs Court of Appeals No. 15CA1037 El Paso County District Court No. 14CR2270 Honorable Gregory R. Werner, Judge Albert Ramon Garza, Division VI Opinion by JUDGE TERRY Casebolt* and Carparelli*, JJ., concur

8 -8- Court of Appeals No. 15CA1458 Jefferson County District Court No. 10CR1982 Honorable Philip J. McNulty, Judge Johnny Valdez, ORDER AFFIRMED Division IV Opinion by JUDGE GRAHAM Booras and Dunn, JJ., concur Court of Appeals No. 15CA1604 Jefferson County District Court No. 04CR2434 Honorable Christopher J. Munch, Judge James Irving Watson, ORDER AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Lichtenstein and Berger, JJ., concur

9 -9- Court of Appeals No. 16CA0257 City and County of Denver District Court No. 13DR1156 Honorable Ross B. Buchanan, Judge In re the Marriage of Mia Lynn Hoeksema, Appellee, and Paul Randall Walker, Appellant. ORDER AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Court of Appeals No. 16CA0379 El Paso County District Court No. 14CR2809 Honorable Scott A. Sells, Judge Scott Michael Lynn, Division VII Opinion by JUDGE FOX J. Jones and Casebolt*, JJ., concur

10 -10- Court of Appeals No. 16CA0436 Adams County District Court No. 13CR1093 Honorable Robert W. Kiesnowski, Judge Sylvester Donell Smith, Division VII Opinion by JUDGE J. JONES Fox and Freyre, JJ., concur Court of Appeals No. 16CA0536 Arapahoe County District Court Nos. 88CR1555 & 89CR430 Honorable Frederick T. Martinez, Judge Patrick Duray Portley-El, ORDER AFFIRMED Division I Opinion by JUDGE RICHMAN Taubman and Furman, JJ., concur

11 -11- Court of Appeals No. 16CA0743 Boulder County District Court No. 09CR2035 Honorable Andrew Hartman, Judge Shams Abdul-Rahman, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FOX Freyre, J., concurs J. Jones, J., concurs in part and dissents in part Court of Appeals No. 16CA0751 El Paso County District Court No. 15CR4460 Honorable Gregory R. Werner, Judge Mark John Lantz, Division IV Opinion by JUDGE BOORAS Graham and Dunn, JJ., concur

12 -12- Court of Appeals No. 16CA0807 Adams County District Court No. 13CR1173 Honorable Robert W. Kiesnowski, Judge Ricardo Villalobos, Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur Court of Appeals No. 16CA0843 City and County of Denver District Court No. 00CR3271 Honorable Kandace C. Gerdes, Judge Jason Michael Hogan, ORDER AFFIRMED Division I Opinion by JUDGE RICHMAN Taubman and Nieto*, JJ., concur

13 -13- Court of Appeals No. 16CA1046 El Paso County District Court No. 11CR302 Honorable David S. Prince, Judge Charles Thomas Whitten, ORDER AFFIRMED Division VII Opinion by JUDGE FREYRE J. Jones and Fox, JJ., concur Court of Appeals No. 16CA1448 City and County of Denver District Court No. 05DR558 Honorable David H. Goldberg, Judge In re the Marriage of John Russell Slaughter, Appellant, and Mona Fahmy Slaughter, n/k/a Mona Master, Appellee. ORDERS AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Lichtenstein and Berger, JJ., concur

14 -14- Court of Appeals No. 16CA1656 Fremont County District Court No. 09DR343 Honorable Stephen A. Groome, Judge In re the Marriage of Lessie Terree Jenkins, Appellee, and Christopher Bede Jenkins, Appellant. ORDER AFFIRMED Division III Opinion by JUDGE LICHTENSTEIN Webb and Berger, JJ., concur Court of Appeals Nos. 16CA1751 & 16CA2213 City and County of Denver District Court No. 15CV33399 Honorable Michael J. Vallejos, Judge Laszlo Bagi, Plaintiff-Appellant and Cross-Appellee, Derek King, Defendant-Appellee and Cross-Appellant. AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE CASEBOLT* Terry and Carparelli*, JJ., concur

15 -15- Court of Appeals No. 16CA1759 Arapahoe County District Court No. 14CV31119 Honorable Charles M. Pratt, Judge 9300 E. Florida Ave. Homeowners Association, a Colorado nonprofit corporation, Plaintiff-Appellant, Metropolitan Homes, Inc., f/k/a Metropolitan Builders, d/b/a Metropolitan Homes, a Colorado corporation, Defendant-Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FOX J. Jones and Freyre, JJ., concur Court of Appeals No. 16CA1845 Garfield County District Court No. 16JV21 Honorable Denise K. Lynch, Judge Petitioner-Appellee, In the Interest of M.R.M., M.M.M., and M.A.M., Children, and Concerning M.M.A., Respondent-Appellant. Division II Opinion by JUDGE HAWTHORNE Dailey and Welling, JJ., concur

16 -16- Court of Appeals No. 16CA1929 El Paso County District Court No. 08DR1120 Honorable Marla R. Prudek, Judge In re the Parental Responsibilities Concerning B.K., a Child, Jamie Hennigan, Petitioner, and Terrence Koss, Respondent-Appellant, and Matthew Hennigan, Respondent-Appellee, and Concerning El Paso County Child Support Services Unit, Intervenor-Appellee. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE BERGER Webb and Lichtenstein, JJ., concur

17 -17- Court of Appeals No. 16CA2002 Boulder County District Court No. 16CV30152 Honorable Judith L. LaBuda, Judge Scott M. Simkus, Plaintiff-Appellant, Board of County Commissioners for Boulder County, Frank Alexander, and Willa Williford, Defendants-Appellees. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FREYRE J. Jones and Fox, JJ., concur Court of Appeals No. 16CA2102 City and County of Denver District Court No. 16CV32950 Honorable J. Eric Elliff, Judge Lakeview Renovations, Inc., d/b/a North American Property Services, Inc., Plaintiff-Appellant, City and County of Denver, Colorado, Defendant-Appellee. Division II Opinion by JUDGE WELLING Dailey and Hawthorne, JJ., concur

18 -18- Court of Appeals No. 16CA2210 El Paso County District Court No. 13JV137 Honorable Timothy J. Schutz, Judge Petitioner-Appellee, In the Interest of J.C.C. and R.C., Children, and Concerning K.E.C., Respondent-Appellant. Division VI Opinion by CHIEF JUDGE LOEB Casebolt* and Carparelli*, JJ., concur Court of Appeals No. 16CA2237 Douglas County District Court No. 15DR30278 Honorable Gary M. Kramer, Judge In re the Marriage of Ruby Simcox, Appellant, and Marshall Shaun Simcox, Appellee. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE DAVIDSON* Loeb, C.J., and Carparelli*, J., concur

19 -19- Court of Appeals No. 17CA0198 Mesa County District Court No. 15JV105 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of S.B., a Child, and Concerning M.B., Je.B, Jo.B., and R.B., Respondents-Appellants. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by CHIEF JUDGE LOEB Davidson* and Carparelli*, JJ., concur Court of Appeals No. 17CA0249 Colorado Board of Real Estate Appraisers Case No. APR Colorado Board of Real Estate Appraisers, Petitioner-Appellee, George M. Hoffman, Respondent-Appellant. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE FOX Freyre, J., concurs J. Jones, J., concurs in part and dissents in part

20 -20- Court of Appeals No. 17CA0529 Teller County District Court No. 15JV11 Honorable Theresa M. Cisneros, Judge Petitioner-Appellee, In the Interest of D.T., a Child, and Concerning D.M., Respondent-Appellant. Division IV Opinion by JUDGE DUNN Graham and Booras, JJ., concur Court of Appeals No. 17CA0573 Washington County District Court No. 15JV9 Honorable Charles M. Hobbs, Judge Petitioner-Appellee, In the Interest of T.S.L., a Child, and Concerning C.M., Respondent-Appellant. Division A Opinion by JUDGE CARPARELLI* Loeb, C.J., and Davidson*, J., concur

21 -21- Court of Appeals No. 13CA2021 P E T I T I O N S F O R R E H E A R I N G Roger J. Kadell, Petition for Rehearing DENIED Court of Appeals No. 14CA2173 Robin Jay Clifton, Petition for Rehearing DENIED

22 -22- Court of Appeals No. 15CA1836 Hoan John Phuc Bui, Petition for Rehearing DENIED Court of Appeals No. 16CA0548 Larry Gordon, Petition for Rehearing DENIED

23 -23- Court of Appeals No. 16CA1333 Shawn R. Claycomb, Plaintiff-Appellee and Cross-Appellant, Virginia L. Fox, Defendant-Appellant and Cross-Appellee. Petition for Rehearing DENIED Court of Appeals No. 16CA1723 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. Petition for Rehearing DENIED

24 -24- M O D I F I E D O P I N I O N S 2017COA128M 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 Opinion Modified On the Court s Own Motion Announced October 19, 2017 *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S