ANNOUNCEMENTS
COLORADO COURT OF APPEALS
September 10, 2009
“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.
Click on the case number to view published and modified published opinions.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No.: 06CA1475
Adams County District Court No. 90CR700
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael D. Windsor,
Defendant-Appellant.
ORDER REVERSED
Division IV
Opinion by: JUDGE FURMAN
Webb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA1682
City and County of Denver District Court No. 05CR4051
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig James Nichol,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by: JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 06CA2270
City and County of Denver District Court No. 93CR2979
Honorable Herbert L. Stern, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Alan Thompson,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0089
Mesa County District Court No. 05CR76
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Roy Alexander,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE PLANK*
Bernard and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0515
El Paso County District Court No. 95CR1214
Honorable Steven T. Pelican, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cesar Deanda,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE TAUBMAN
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0594
City and County of Denver District Court No. 05CV5942
Honorable Sheila A. Rappaport, Judge
Honorable Martin F. Egelhoff, Judge
Tomas Gonzales,
Plaintiff-Appellant,
and
Chris L. Ingold,
Attorney-Appellant,
v.
Safety National Casualty Corporation; Occupational Healthcare Management Services, Inc., a/k/a OHMS; Cannon Cochran Management Services, Inc., a/k/a CCMSI; Shirin Chowdhury, and Vicky Roden,
Defendants-Appellees.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,
ORDERS AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE LICHTENSTEIN
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1158
City and County of Denver District Court No. 06CR3022
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert H. Dixon,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE HAWTHORNE
Graham and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1198
Adams County District Court No. 06CR2520
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Johnny Ray Smith,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by: JUDGE TAUBMAN
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1448
El Paso County Court No. 06CR3653
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Contreras,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by: JUDGE BERNARD
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1547
City and County of Denver District Court No. 87CR94
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Murphy H. Miles, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by: JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1557
El Paso County District Court No. 06CR3133
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Nolan Duran,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2043
Weld County District Court No. 06CR1812
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos David Valenzuela,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE ROMán
Dailey and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2061
Douglas County District Court No. 03CR561
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Michael Kellams,
Defendant-Appellant.
ORDER VACATED AND APPEAL DISMISSED
Division III
Opinion by: JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2281
Adams County District Court No. 06CR3136
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Theodore Dewayne Ownsabre, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND SENTENCE VACATED IN PART
Division II
Opinion by: JUDGE MILLER
Casebolt and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA2555
City and County of Denver District Court No. 04CR1886
Honorable Larry J. Naves, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bobbie Denise Hildebrand,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE NEY*
Carparelli and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0512
Weld County District Court No. 07CR743
Honorable Gilbert A. Gutierrez, Judge
Honorable William Lee West, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Colin,
Defendant-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE DAILEY
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0712
Jefferson County District Court No. 06CR3720
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Ronald Wagner,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by: JUDGE ROY
Taubman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0770
Adams County District Court No. 07DR1845
Honorable Peter J. Stapp, Judge
In re the Marriage of
Karl R. Reed
Appellant,
v.
Denise Norris-Reed,
Appellee.
JUDGMENT VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1028
Jefferson County District Court No. 07CR2384
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hasan Muric,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE CARPARELLI
Richman and Ney*, JJ., concur
Court of Appeals No.: 08CA1105
Yuma County District Court Nos. 00PR38 & 01PR46
Honorable Joseph J. Weatherby, Judge
In the Matter of the Estate of Charlie D. Sheridan and Masyl L. Sheridan, Deceased.
Mary K. Engel,
Appellant,
v.
M. Sue Jarrett, Personal Representative, and R. Dean Jarrett, Jr.,
Appellees.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1208
City and County of Denver District Court No. 02CR4174
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Demarco Jamaal White,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE ROMÁN
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1919
City and County of Denver District Court No. 07CV4919
Honorable Robert L. McGahey, Jr., Judge
Equitable Building Condominium Association, Inc., a Colorado nonprofit corporation,
Plaintiff-Appellant,
v.
Odd Fellows Building, LLC, a Colorado limited liability company,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE CARPARELLI
Richman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2062
Jefferson County District Court No. 07CR2266
Honorable Tamara S. Russell, Judge
Honorable Charles T. Hoppin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Foster,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by: CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2206
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-713-658
Jennifer Mackay,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Cintas Corporation, and XL Specialty Insurance Company,
Respondents.
ORDER AFFIRMED
Division V
Opinion by: JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2259
Weld County District Court No. 07DR145
Honorable John-David Sullivan, Judge
In the Interest of F.K.F., P.D.F., and S.P.F, Children,
Upon the Petition of Freddie Wayne French, Leona Ann French, and Mary Ann French,
Appellants,
and Concerning Daniel Patrick French and Irene Wagdy French,
Appellees.
ORDER AFFIRMED
Division V
Opinion by: JUDGE GRAHAM
Gabriel and Criswell*, JJ., concur
Court of Appeals No.: 08CA2375
El Paso County District Court No. 04DR3386
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Terisa Chevalier,
Appellee,
and
Larry Manning,
Appellant.
ORDER AFFIRMED
Division V
Opinion by: JUDGE CRISWELL*
Graham and Gabriel, JJ., concur
Court of Appeals No.: 08CA2500
Park County District Court No. 06DR54
Honorable Steven A. Groome, Judge
In re the Marriage of
Lisa Clement,
Appellee,
and
Ronald Paul Fitzmayer,
Appellant.
ORDER AFFIRMED
Division III
Opinion by: JUDGE STERNBERG*
Davidson, C.J., and Ney*, J., concur
Court of Appeals No.: 08CA2531
City and County of Denver District Court No. 04CR4913
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Swainson,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by: JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2608
Arapahoe County District Court No. 87CR900
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael J. Coleman,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Davidson, C.J., Román and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2609
Larimer County District Court No. 05CV861
Honorable Jolene C. Blair, Judge
Thomas J. Redder,
Plaintiff-Appellant,
v.
Cytomation, Inc., Dakocytomation California, Inc., and Dakocytomation Colorado, Inc.,
Defendants-Appellees.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by: JUDGE CARPARELLI
Richman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2660
Douglas County District Court No. 06DR1069
Honorable Angela R. Arkin, Judge
In re the Marriage of
Melanie Rooke Dixon,
Appellee,
and
James Wales Dixon,
Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by: JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos.: 08CA2685 & 09CA0093
La Plata County District Court No. 07CV148
Honorable Jeffrey R. Wilson, Judge
Laralee and Michael Breunig,
Plaintiffs-Appellees,
v.
WR C.B. 37 Holdings, Rebecca L. Heizer, and Clara Heizer,
Defendants-Appellants.
ORDER AFFIRMED, JUDGMENT REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by: JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0036
City and County of Denver District Court No. 04CR0664
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Geraldo De La Rosa,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Román, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0123
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-739-748
FBG Service Corporation and Travelers Indemnity Company,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Carlos Castro,
Respondents.
ORDER AFFIRMED
Division
Opinion by: JUDGE NEY*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0333
Grand County District Court No. 2007JV5
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.L.H., A.N.H., M.L.H., M.R.H., and M.J.H., Children,
and Concerning R.L.H. and C.R.H.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by: JUDGE GABRIEL
Graham and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0356
Weld County District Court No. 08CR167
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jacob John Lahr,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Román, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0409
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-528-594
Billy W. Reed,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and City of Colorado Springs,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE WEBB
Román and Bernard, JJ., concur
Court of Appeals No.: 09CA0765
Industrial Claim Appeals Office of the State of Colorado
DD No. 3583-2009
Oscar A. Hernandez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado State University,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0791
Industrial Claim Appeals Office of the State of Colorado
DD No. 2936-2009
Antonio M. Cabrera-Loera,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Home & Energy Services, Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0913
Mesa County District Court No. 07JV699
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.P.E., J.M.E., and D.Z.E., Children,
and Concerning R.W.E., and A.R.E.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by: JUDGE DAILEY
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0929
Mesa County District Court No. 07JV133
Honorable David A. Bottger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M., Child,
and Concerning K.A.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0967
Industrial Claim Appeals Office of the State of Colorado
DD No. 6685-2009
Andre Z. Cech,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Corporate Plumbing Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1003
Industrial Claim Appeals Office of the State of Colorado
DD No. 22052-2008
Robert A. Carter,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and A & A Glass Company, Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1030
Industrial Claim Appeals Office of the State of Colorado
DD No. 2479-2009
Bonnie A. Dum,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado West Regional Mental Health,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1108
City and County of Denver Juvenile Court No. 07JV1131
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
In the Interest of G.E.B., Child,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning J.A.B.,
Respondent-Appellant.
APPEAL DISMISSED
Division VII
Opinion by: JUDGE RUSSEL
J. Jones and Ruland*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1204
Industrial Claim Appeals Office of the State of Colorado
DD No. 764-2009
Carol A. Dionisio,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Boulder Gray Panthers SVC Project,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by: JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1266
Industrial Claim Appeals Office of the State of Colorado
DD No. 11022-2009
Glen P. O’Brien,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Labor Etc. Inc.,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA1392
Industrial Claim Appeals Office of the State of Colorado
DD No. 11294-2009
Evalyn R. Widener,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Centura Health,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by: JUDGE HAWTHORNE
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
P E T I T I O N S F O R R E H E A R I N G
Court of Appeals No.: 08CA0678
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rose Marie Landmark,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0938
The Belvedere Tower Condominium Association, Inc.,
Plaintiff-Appellant,
v.
American Com, LLC, d/b/a American Communications,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0062
Richard Martinez,
Plaintiff-Appellant,
v.
Kevin Milyard, in his official capacity as Warden of the Sterling Correctional Facility,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2008.