-1- ANNOUNCEMENTS Colorado Court of Appeals December 31, 2015

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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 2015COA178 Court of Appeals No. 13CA0644 Douglas County District Court No. 12CR188 Honorable Kenneth M. Plotz, Judge Zachary James Bohn, ORDER AFFIRMED Division VII Opinion by JUDGE MILLER Lichtenstein and Ashby, JJ., concur

2 COA179 Court of Appeals No. 13CA0802 City and County of Denver District Court No. 10CV4452 Honorable Robert L. McGahey, Judge Albert Johnson, VCG Restaurants Denver, Inc., d/b/a PT s All Nude, a Colorado corporation; and Ryan Lee Schonlaw, Defendants-Appellants. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE HAWTHORNE Loeb, C.J., and Webb, J., concur 2015COA180 Court of Appeals No. 14CA0390 State Personnel Board No. 2011G028 Brett L. Williams, Petitioner-Appellee and Cross-Appellant, Department of Public Safety, Colorado State Patrol, Respondent-Appellant and Cross-Appellee, and State Personnel Board, Appellee. ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Fox, J., concurs Berger, J., concurs in part and dissents in part

3 COA181 Court of Appeals No. 14CA1781 City and County of Denver District Court No. 12CV6221 Honorable Robert L. McGahey, Jr., Judge Akeem A. Makeen, Plaintiff-Appellant, George E. Hailey, Defendant-Appellee. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur 2015COA182 Court of Appeals No. 15CA0046 Industrial Claim Appeals Office of the State of Colorado DD No A Child s Touch, Petitioner and Cross-Appellee, Industrial Claim Appeals Office of the State of Colorado, Respondent, and Robert L. Morris, Respondent and Cross-Appellant. ORDER AFFIRMED Division IV Opinion by JUDGE ROMÁN Ney*, J., concurs Graham, J., dissents

4 COA183 Court of Appeals No. 15CA0486 Eagle County District Court No. 10CV306 Honorable Frederick W. Gannett, Judge Renee Legro and Stephen Legro, Plaintiffs-Appellants, Samuel Robinson and Cheri Robinson, Defendants-Appellees. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division A Opinion by JUDGE HAWTHORNE Taubman and J. Jones, 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. 11CA2593 El Paso County District Court No. 10CR4507 Honorable David A. Gilbert, Judge Larry Eugene Irwin, JUDGMENT AFFIRMED Division IV Opinion by JUDGE HAWTHORNE Bernard and Miller, JJ., concur Court of Appeals No. 13CA0443 Adams County District Court Nos. 10CR3742 & 11CR247 Honorable Thomas R. Ensor, Judge Honorable F. Michael Goodbee, Judge Andrew Joseph Terry, JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE ASHBY Lichtenstein and Miller, JJ., concur

6 -6- Court of Appeals No. 13CA0705 City and County of Denver District Court No. 10CR4556 Honorable John W. Madden, IV, Judge Hector Paez, JUDGMENT AFFIRMED Division III Opinion by JUDGE WEBB Berger, J., concurs Fox, J., concurs in part and dissents in part Court of Appeals No. 13CA1762 Pueblo County District Court No. 2012CR125 Honorable William D. Alexander, Judge Jose Humberto Garcia, Jr. JUDGMENT AFFIRMED Division I Opinion by JUDGE J. JONES Taubman and Harris, JJ., concur

7 -7- Court of Appeals No. 14CA0085 Larimer County District Court No. 11CR1418 Honorable Stephen E. Howard, Judge Anthony Smith, JUDGMENT AFFIRMED Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur Court of Appeals No. 14CA1253 Jefferson County District Court No. 13CR2337 Honorable Dennis J. Hall, Judge Kenneth Musch, ORDER AFFIRMED Division III Opinion by JUDGE FOX Webb and Berger, JJ., concur

8 -8- Court of Appeals No. 14CA1341 City and County of Denver District Court No. 14CV306 Honorable Michael A. Martinez, Judge David K. Jenner, Plaintiff-Appellant, Executive Director, Colorado Department of Corrections; John/Jane Does, Offender Services, Time Computation Department; Sergeant West, Centennial Correctional Facility; and John/Jane Does, Centennial Correctional Facility, Classification Committee, Defendants-Appellees. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE TERRY Plank* and Rothenberg*, JJ., concur

9 -9- Court of Appeals No. 14CA1723 Douglas County District Court No. 14CV30686 Honorable Richard B. Caschette, Judge Champion Bank, Plaintiff-Appellant, and Security First Bank, a Nebraska corporation, and Donna Crown, Third-Party Defendants-Appellants, The Bridgeport Corporation, James T. Anest, and Vaso I. Anest, Defendants-Appellees. ORDER AFFIRMED Division V Opinion by JUDGE FURMAN Richman and Rothenberg*, JJ., concur

10 -10- Court of Appeals No. 14CA1787 Logan County District Court No. 13CR136 Honorable Kevin L. Hoyer, Judge Dennis Lloyd Stanton, Jr., JUDGMENT AFFIRMED Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur Court of Appeals No. 14CA2084 City and County of Denver District Court No. 13CR6007 Honorable Michael J. Vallejos, Judge Brandon J. Salas, JUDGMENT AFFIRMED Division VII Opinion by JUDGE LICHTENSTEIN Miller and Ashby, JJ., concur

11 -11- Court of Appeals No. 14CA2152 Douglas County District Court No. 13CR611 Honorable Richard B. Caschette, Judge Orlando Cortez Clark, ORDER AFFIRMED Division I Opinion by JUDGE HARRIS Taubman and J. Jones, JJ., concur Court of Appeals No. 15CA0324 City and County of Denver District Court No. 13CV33978 Honorable Andrew P. McCallin, Judge Elizabeth Ingram, Vincent Atchity and Brenda Baumgarten, Defendants-Appellants. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur

12 -12- Court of Appeals No. 15CA0921 City and County of Denver Juvenile Court No. 13JV2198 Honorable Donna J. Schmalberger, Judge Petitioner-Appellee, In the Interest of H.L.V., M.A.V., C.C.V., and A.A.C., Children, and Concerning A.V, a/k/a A.A.-C.. and A.C.C., Respondents-Appellants. JUDGMENT AFFIRMED Division V Opinion by JUDGE FURMAN Hawthorne and Richman, JJ., concur

13 -13- Court of Appeals No. 12CA1296 P E T I T I O N S F O R R E H E A R I N G Alexander Ramirez, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 14CA0487 Emmett Andrew Larsen, Petitions for Rehearing DENIED Berger, J., would GRANT IN PART petition of Plaintiff-Appellee

14 -14- Court of Appeals No. 14CA1810 Meadow Lake Airport Association, Johnston Enterprises of Colorado Springs, LLC, Petition for Rehearing DENIED Court of Appeals No. 14CA1831 William E. Cooper, Plaintiff-Appellant, SPP, Inc., a Colorado corporation, d/b/a Pasternack s Pawn Shops; Mona Rae Pasternack, an individual d/b/a Pasternack II; Pasternack s Investments, Inc., a Colorado corporation; Pasternack s Auto Pawn, Inc., a Colorado corporation; Mona Rae Pasternack; Fred Pasternack; Scott Pasternack; Paul Pasternack; and Fred Goldstein, Defendant-Appellees. Petition for Rehearing DENIED

15 -15- Court of Appeals No. 15CA1337 William A. Good, Petitioner, Industrial Claim Appeals Office of the State of Colorado and Commander Department of the Army, 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