-1- ANNOUNCEMENTS Colorado Court of Appeals October 23, 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. 09CA2144 City and County of Denver District Court No. 08CR25 Honorable Christina M. Habas, Judge Max Anthony Maestas, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FOX Ashby and Plank*, JJ., concur

2 -2- Court of Appeals No. 10CA1477 City and County of Denver District Court No. 08CR3151 Honorable Shelley I. Gilman, Judge Andres Castillo, Division II Opinion by JUDGE BERGER Casebolt and Dailey, JJ., concur Court of Appeals No. 12CA0006 Jefferson County District Court No. 11CR1150 Honorable Philip J. McNulty, Judge Deanna Lynn Frye, IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE WEBB Loeb, C.J., and Ney*, J., concur

3 -3- Court of Appeals No. 12CA0709 El Paso County District Court No. 11CR416 Honorable Barney Iuppa, Judge Donald Wayne Bertrand, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TERRY Taubman and Richman, JJ., concur Court of Appeals No. 13CA0665 City and County of Denver District Court No. 12CR1205 Honorable John W. Madden IV, Judge Heather Beauvais, CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FOX Ashby, J., concurs Bernard, J., concurs in part, specially concurs in part, and dissents in part

4 -4- Court of Appeals No. 13CA0828 Arapahoe County District Court No. 09CR2720 Honorable F. Stephen Collins, Judge Joel Antonio Calderon, ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE FOX Ashby, J., concurs Bernard, J., dissents Court of Appeals No. 13CA1309 Weld County District Court No. 82DR763 Honorable Marcelo A. Kopcow, Judge In re the Marriage of Carolyn S. Johnson, Appellee, and William Michael Johnson, Appellant. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE MÁRQUEZ* Casebolt, J., concurs Berger, J., specially concurs OPINION PREVIOUSLY ANNOUNCED AS NOT PUBLISHED PURSUANT TO C.A.R. 35(f) on August 28, 2014, IS NOW DESIGNATED FOR PUBLICATION

5 -5- Court of Appeals No. 13CA1656 Otero County District Court No. 11CV142 Honorable M. Jon Kolomitz, Judge Ricky L. Markus and Kay L. Markus, married individuals and as tax matters representatives for Danny E. DeRose, Kerry J. DeRose, Michael W. Roumph, Mary Moser-Roumph, Adolph R. Padula, Bernadette L. Padula, Merle R. Manweiler, and Sherri L. Manweiler; Garrett J. Markus and Jade L. Markus, individually and as tax matters representatives for Merle R. Manweiler and Sherri L. Manweiler; Edward Lee Mayo and Kristie Mayo, individually and as tax matters representatives for John F. Carder, Daniel K. Direzza, and Katrena L. Direzza, Plaintiffs-Appellees, Barbara Brohl, Executive Director of the Colorado Department of Revenue, Division III Opinion by JUDGE DAILEY Hawthorne and Dunn, JJ., concur

6 -6- Court of Appeals No. 13CA1671 Adams County District Court No. 12DR101 Honorable Craig R. Welling, Judge In re the Marriage of Amy Corak, Appellee, and Nevan Corak, Appellant. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE BERNARD Fox and Ashby, JJ., concur Court of Appeals No. 14CA1662 Eagle County District Court No. 14PR30056 Honorable Russell H. Granger, Judge In the Interest of M.K.D.A.L., a Child, and Concerning J.A.A.U., Petitioner-Appellant. PETITION DISMISSED Division A Opinion by JUDGE WEBB Taubman and J. Jones, 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. 11CA2096 City and County of Denver District Court No. 10CR853 Honorable Shelley I. Gilman, Judge Eric Elbert Salas, JUDGMENT AND SENTENCES AFFIRMED Division VII Opinion by JUDGE MILLER J. Jones and Berger, JJ., concur Court of Appeals No. 12CA0200 Jefferson County District Court No. 10CR2538 Honorable Randall C. Arp, Judge Kerry Dan Azzariti, Division I Opinion by JUDGE TAUBMAN Terry and Richman, JJ., concur

8 -8- Court of Appeals No. 12CA1070 Arapahoe County District Court No. 10CR2054 Honorable Marilyn Leonard Antrim, Judge People of the State of Colorado, Andre Cordell Strawn, Division II Opinion by JUDGE GABRIEL Casebolt and Román, JJ., concur Court of Appeals No. 12CA1684 Jefferson County District Court No. 97CR802 Honorable Lilly W. Oeffler, Judge Gene Enrique Aviles, ORDER AFFIRMED Division II Opinion by JUDGE CASEBOLT Román and Gabriel, JJ., concur

9 -9- Court of Appeals No. 12CA2537 Arapahoe County District Court No. 05CR2205 Honorable William B. Sylvester, Judge Jack Evans McBride, ORDER AFFIRMED Division A Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur Court of Appeals No. 13CA0651 City and County of Denver District Court No. 99CR265 Honorable Sheila A. Rappaport, Judge Archie R. Steinhour, ORDER AFFIRMED Division III Opinion by JUDGE DUNN Dailey and Plank*, JJ., concur

10 -10- Court of Appeals No. 13CA0691 El Paso County District Court Nos. 07CR4329 & 07CR4363 Honorable Marla R. Prudek, Judge Gregory Paul Frye, ORDER AFFIRMED Division II Opinion by JUDGE CASEBOLT Román and Gabriel, JJ., concur Court of Appeals No. 13CA1404 San Miguel County District Court No. 12CV91 Honorable Mary E. Deganhart, Judge Laurie Valerio, Plaintiff-Appellant, Town of Telluride, Defendant-Appellee. ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE DUNN Dailey and Plank*, JJ., concur

11 -11- Court of Appeals No. 13CA1406 City and County of Denver District Court No. 11CV7786 Honorable Edward D. Bronfin, Judge Paul Gordon, Attorney-Appellant, Hill & Robbins PC, Defendant-Appellee. ORDER AFFIRMED Division VI Opinion by JUDGE FOX Bernard and Ashby, JJ., concur

12 -12- Court of Appeals No. 13CA1460 Garfield County District Court No. 91DR45 Honorable JB Pototsky, Judge Honorable Frederic Rodgers, Judge In re the Marriage of Stephanie Lynn Hart, Petitioner, and Ralph Mitchell Elliott, Appellant, and Concerning Garfield County Department of Human Services, Intervenor-Appellee. JUDGMENT AND SENTENCE AFFIRMED Division VII Opinion by JUDGE J. JONES Miller and Berger, JJ., concur

13 -13- Court of Appeals No. 13CA1703 Eagle County District Court No. 10CV335 Honorable R. Thomas Moorhead, Judge Dolce e Dani Wine Imports LLC, George Joseph Walters and Janet Lea Walters, Defendants-Appellants. Division III Opinion by JUDGE DUNN Dailey and Plank*, JJ., concur Court of Appeals No. 13CA1740 City and County of Denver District Court No. 13CV31066 Honorable Robert L. McGahey, Jr., Judge Lloyd L. Boyer; and Vincent C. Todd, Petitioners-Appellants, John Hickenlooper, as Governor of the State of Colorado; and Colorado Board of Health, Respondents-Appellees. Division III Opinion by JUDGE DAILEY Dunn and Plank*, JJ., concur

14 -14- Court of Appeals No. 13CA1784 Mesa County District Court No. 11CV4626 Honorable Thomas M. Deister, Judge Samuel Marso and Audrey Marso, Plaintiffs-Appellants, Elly Dilbeck; Homeowners Realty, Inc., d/b/a Coldwell Banker Home Owners Realty, Inc.; and Fidelity National Title Insurance Company, Defendants-Appellees. IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE TERRY Taubman and Richman, JJ., concur Court of Appeals No. 13CA1927 Adams County District Court No. 12PR340 Honorable C. Vincent Phelps, Judge In the Matter of the Estate of Michael A. Cutler, deceased. Robert S. Cutler, Appellant, Mark Reynolds, as Personal Representative of the Estate of Michael A. Cutler, Appellee. Division II Opinion by JUDGE GABRIEL Casebolt and Román, JJ., concur

15 -15- Court of Appeals No. 13CA1983 Industrial Claim Appeals Office of the State of Colorado WC No Jack Wagoner, Petitioner, Industrial Claim Appeals Office of the State of Colorado and City of Colorado Springs, Respondents. ORDER AFFIRMED Division VII Opinion by JUDGE BERGER J. Jones and Miller, JJ., concur Court of Appeals No. 13CA1987 Pueblo County District Court No. 10CV1981 Honorable David W. Crockenberg, Judge Darcy Berget, Plaintiff-Appellant, Robert Warden, Defendant-Appellee. Division A Opinion by CHIEF JUDGE LOEB Márquez* and Vogt*, JJ., concur

16 -16- Court of Appeals No. 14CA0623 Mesa County District Court No. 12JV129 Honorable Valerie J. Robison, Judge Petitioner-Appellee, In the Interest of J.C., a Child, and Concerning J.H., Respondent-Appellant. Division A Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Vogt*, JJ., concur Court of Appeals No. 14CA1209 Weld County District Court No. 12JV802 Honorable Julie C. Hoskins, Judge Petitioner-Appellee, In the Interest of A.C., a Child, and Concerning L.C., Respondent-Appellant. Division A Opinion by JUDGE VOGT* Loeb, C.J., and Márquez*, JJ., concur

17 -17- Court of Appeals No. 10CA1620 P E T I T I O N S F O R R E H E A R I N G Francesca V. Marciano, Opinion Modified and Petitions for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S