-1- ANNOUNCEMENTS Colorado Court of Appeals December 11, 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. U N P U B L I S H E D O P I N I O N S Court of Appeals No. 09CA1646 Jefferson County District Court No. 04DR997 Honorable Peter A. Weir, Judge In re the Marriage of Neville Charles Rademeyer, Appellee and Cross-Appellant, and Margaret Anne Rademeyer, Appellant and Cross-Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Bernard and Fox, JJ., concur

2 -2- Court of Appeals No. 10CA1645 Larimer County District Court No. 04CR1567 Honorable Dave Williams, Judge Virgil Frank Reinhart Rice, JUDGMENTS AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DAILEY Hawthorne and Dunn, JJ., concur Court of Appeals No. 10CA2539 Adams County District Court No. 10CR260 Honorable Patrick T. Murphy, Judge Joseph Pierre Lovato, JUDGMENT AFFIRMED Division VII Opinion by JUDGE FURMAN Terry and Lichtenstein, JJ., concur

3 -3- Court of Appeals No. 11CA2042 City and County of Denver District Court No. 10CR4218 Honorable Shelley I. Gilman, Judge Erick Muniz-Garibay, JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Navarro and Kapelke*, JJ., concur Court of Appeals No. 11CA2425 Adams County District Court No. 08CR1277 Honorable Chris Melonakis, Judge Allen Tranmer, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE GRAHAM Booras, J., concurs Lichtenstein, J., specially concurs

4 -4- Court of Appeals No. 12CA0485 Arapahoe County District Court No. 00CR1686 Honorable Michael J. Spear, Judge Clarence Frazier Banks, III, ORDER AFFIRMED Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur Court of Appeals No. 12CA0892 Boulder County District Court No. 11CR2 Honorable Patrick D. Butler, Judge Marvin Lee Hopkins, JUDGMENT AFFIRMED Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur

5 -5- Court of Appeals No. 12CA0897 Larimer County District Court No. 09CR1141 Honorable William T. Ruckriegle, Judge Vincent Moses Martinez, JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by JUDGE J. JONES Miller and Berger, JJ., concur Court of Appeals No. 12CA1040 Jefferson County District Court No. 11CR186 Honorable Lily W. Oeffler, Judge Gene E. Abbott, APPEAL DISMISSED Division V Opinion by JUDGE GRAHAM Lichtenstein and Booras, JJ., concur

6 -6- Court of Appeals No. 12CA1765 Douglas County District Court No. 11CR690 Honorable Vincent R. White, Judge Jamaica Jamal Crowe, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE MILLER J. Jones and Berger, JJ., concur Court of Appeals No. 12CA2223 Adams County District Court Nos. 10CR2830 & 10CR3610 Honorable John E. Popovich, Judge Kelly Dean Lovejoy, JUDGMENT AFFIRMED Division VI Opinion by JUDGE BERNARD Fox and Ashby, JJ., concur

7 -7- Court of Appeals No. 12CA2338 City and County of Denver District Court No. 11CR3511 Honorable Catherine A. Lemon, Judge Feliciano Lopez, ORDER AFFIRMED Division I Opinion by JUDGE TAUBMAN Terry and Richman, JJ., concur Court of Appeals No. 13CA0097 Jefferson County District Court No. 03CR783 Honorable Tamara S. Russell, Judge Cesar Pasillas-Sanchez, ORDER AFFIRMED Division I Opinion by JUDGE TAUBMAN Terry and Richman, JJ., concur

8 -8- Court of Appeals No. 13CA0159 Lake County District Court No. 11CR47 Honorable Karen A. Romeo, Judge Shawna Nacke, JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE HAWTHORNE Dailey and Dunn, JJ., concur Court of Appeals No. 13CA0652 City and County of Denver District Court No. 99CR5072 Honorable Catherine A. Lemon, Judge Paul Wayne Spence, ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE LICHTENSTEIN Graham and Booras, JJ., concur

9 -9- Court of Appeals No. 13CA0965 Pueblo County District Court Nos. 11CR1763 & 12CR356 Honorable Victor I. Reyes, Judge Emiliano Ayala-Gallegos, SENTENCES REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TERRY Taubman and Richman, JJ., concur Court of Appeals No. 13CA1024 Douglas County District Court No. 00CR153 Honorable Richard B. Caschette, Judge John Joseph Turner, ORDER AFFIRMED Division III Opinion by JUDGE DAILEY Hawthorne and Dunn, JJ., concur

10 -10- Court of Appeals No. 13CA1649 Adams County District Court No. 98CR1760 Honorable Thomas R. Ensor, Judge Louis Martinez, ORDER AFFIRMED Division I Opinion by JUDGE TERRY Taubman and Richman, JJ., concur Court of Appeals No. 13CA1851 Weld County District Court No. 12CR1533 Honorable Todd L. Taylor, Judge William Joseph Hernandez, JUDGMENT AND SENTENCE AFFIRMED Division V Opinion by JUDGE BOORAS Graham and Lichtenstein, JJ., concur

11 -11- Court of Appeals No. 13CA2081 Bent County District Court No. 1991CR7 Honorable Mark A. Macdonnell, Judge Anthony Joseph Quintana, Jr., ORDER AFFIRMED Division VI Opinion by JUDGE FOX Bernard and Ashby, JJ., concur Court of Appeals No. 13CA2153 Weld County District Court No. 13CR89 Honorable Timothy G. Kerns, Judge Darrell Duane Osborne, JUDGMENT AFFIRMED Division V Opinion by JUDGE LICHTENSTEIN Graham and Booras, JJ., concur

12 -12- Court of Appeals No. 13CA2242 Jefferson County District Court No. 12CV3663 Honorable Christopher C. Zenisek, Judge Arvada Investment Properties, LLC, a Colorado limited liability company, Stickel Investments, LLC, a New Jersey limited liability company, and Michael Stickel, Third-Party Defendants-Appellees, and Circle Properties, LLC, a Colorado limited liability company, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE LICHTENSTEIN Graham and Booras, JJ., concur

13 -13- Court of Appeals No. 13CA2263 Chaffee County District Court No. 13CV20 Honorable Charles M. Barton, Judge Shane D. Burden, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections; and Warden of Buena Vista Minimum Center, Defendants-Appellees. JUDGMENT AFFIRMED Division VI Opinion by JUDGE BOORAS Graham and Lichtenstein, JJ., concur

14 -14- Court of Appeals No. 13CA2319 Douglas County District Court No. 12PR142 Honorable Michael J. Spear, Judge James D. Schmitt, Julie D. Jones, Defendant-Appellant, and Concerning Jamison Chase Schmitt, Respondent. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ASHBY Bernard and Fox, JJ., concur

15 -15- Court of Appeals No. 14CA0006 Board of Assessment Appeals Nos , & Maurice O. Reiber, d/b/a Earth Energy Resources, LLC, and Maurice O. Reiber, d/b/a Park Lake Resources, LLC, Petitioner-Appellant, Park County Board of Equalization, Respondent-Appellee, and Board of Assessment Appeals, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE GRAHAM Lichtenstein and Booras, JJ., concur

16 -16- Court of Appeals No. 14CA0253 Adams County District Court No. 10DR1167 Honorable Chris Melonakis, Judge In re the Marriage of Jonathan Patrick Buck, Appellant, and Veronica Sue Buck, Appellee. ORDER AFFIRMED Division II Opinion by JUDGE ROMÁN Casebolt and Gabriel, JJ., concur Court of Appeals No. 14CA0272 Jefferson County District Court No. 03CR2633 Honorable Christopher J. Munch, Judge Antonio Aguilar, ORDER AFFIRMED Division VII Opinion by JUDGE BERGER J. Jones and Kapelke*, JJ., concur

17 -17- Court of Appeals No. 14CA0317 Industrial Claim Appeals Office of the State of Colorado DD No Lawrence A. Martinez, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Albertsons, LLC, Respondents. ORDER AFFIRMED Division III Opinion by CHIEF JUDGE LOEB Ney* and Roy*, JJ., concur Court of Appeals No. 14CA0497 City and County of Denver Juvenile Court No. 12JV2058 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of K.J.S., S.L.L.L., B.K.W., Jr., B.B.W. and D.J.J., Children, and Concerning B.N.L. and D.J.J., Respondents-Appellants. JUDGMENT AFFIRMED Division IV Opinion by JUDGE FURMAN Webb and Navarro, JJ., concur

18 -18- Court of Appeals No. 14CA0654 Delta County District Court No. 14CV4 Honorable Charles R. Greenacre, Judge Christopher R. Gomez, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections, Defendant-Appellee. JUDGMENT AFFIRMED Division I Opinion by JUDGE RICHMAN Taubman and Terry, JJ., concur Court of Appeals No. 14CA0953 Industrial Claim Appeals Office of the State of Colorado DD Nos & Duntuff, Inc., d/b/a Care Bears Pet Grooming, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Employer Services, Integrity/Employer Audits, Respondents. ORDERS VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE FURMAN Webb and Navarro, JJ., concur

19 -19- Court of Appeals No. 14CA1198 Mesa County District Court No. 13JV194 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of B.L., a Child, and Concerning J.L., Respondent-Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE FURMAN Webb and Navarro, JJ., concur Court of Appeals No. 14CA1281 Industrial Claim Appeals Office of the State of Colorado W.C. No April Samuels, Petitioner, Industrial Claim Appeals Office of the State of Colorado, Deli Zone, and Sentinel Insurance Company, Respondents. ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE GABRIEL Casebolt and Román, JJ., concur

20 -20- Court of Appeals No. 14CA1319 Pueblo County District Court No. 13JV485 Honorable Deborah R. Eyler, Judge In the Interest of V.N., a Child, and Concerning H.N., Respondent-Appellant. JUDGMENT AFFIRMED Division IV Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur Court of Appeals No. 14CA1320 Douglas County District Court No. 12JV281 Honorable Richard B. Caschette, Judge Petitioner-Appellee, In the Interest of W.M.M., a Child, and Concerning J.W.M. and K.M., Respondents-Appellants. JUDGMENT AFFIRMED Division IV Opinion by JUDGE WEBB Navarro and Kapelke*, JJ., concur

21 -21- Court of Appeals No. 14CA1867 Pueblo County District Court No. 14MH343 Honorable William B. Alexander, Judge Petitioner-Appellee, In the Interest of Milton Delaney, Respondent-Appellant. ORDER AFFIRMED Division VII Opinion by JUDGE MILLER J. Jones and Berger, JJ., concur Court of Appeals No. 14CA1966 Pueblo County District Court No. 14MH353 Honorable William D. Alexander, Judge Petitioner-Appellee, In the Interest of Rae Lena Stanley, Respondent-Appellant. ORDER AFFIRMED Division V Opinion by JUDGE BOORAS Graham and Lichtenstein, JJ., concur

22 -22- Court of Appeals No. 14CA2047 Mesa County District Court No. 14MH521 Honorable Brian J. Flynn, Judge Petitioner-Appellee, In the Interest of Kyle John Ernest, Respondent-Appellant. APPEAL DISMISSED Division VI Opinion by JUDGE FOX Bernard and Ashby, JJ., concur

23 -23- Court of Appeals No. 11CA1664 People of the State of Colorado, Eduardo Misael Peña-Landa, P E T I T I O N S F O R R E H E A R I N G Petition for Rehearing DENIED Court of Appeals No. 11CA1960 People of the State of Colorado, Clay Earl Hounshell, Petition for Rehearing DENIED

24 -24- Court of Appeals No. 11CA2037 Jason Joe Guerrero, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA0709 Donald Wayne Bertrand, Petition for Rehearing DENIED

25 -25- Court of Appeals No. 13CA1486 Liberty Bankers Life Insurance Company, Third-Party Defendant-Appellant, First Citizens Bank & Trust Company, Defendant-Appellee. Petition for Rehearing DENIED Court of Appeals No. 13CA2130 In re the Marriage of Robert L. Goodbinder, Appellant, and Gayle S. Goodbinder, n/k/a Gayle S. Strauss, Co-Petitioner, and Concerning Arapahoe County Department of Human Services, Intervenor-Appellee. Petition for Rehearing DENIED

26 -26- Court of Appeals No. 14CA1129 Josiah I. Pina, Petitioner, Industrial Claim Appeals Office of the State of Colorado; and Blueprint Skilled Services, Respondents. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S