ANNOUNCEMENTS
COLORADO COURT OF APPEALS
July 21, 2011
“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
Court of Appeals No. 07CA2511
El Paso County District Court Nos. 06CR4005, 06CR5051 & 06CR5412
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Allen Gregg,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 08CA2101
Mesa County District Court No. 06CR1976
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ezequiel Esparza-Treto,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GABRIEL
Carparelli, J., concurs
Taubman, J., concurs in part and dissents in part
Court of Appeals No. 08CA2144
City and County of Denver District Court No. 07CR3748
Honorable Morris B. Hoffman, Judge
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrian Chavez,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Miller, J., concurs
Taubman, J., dissents
Court of Appeals No. 09CA2479
City and County of Denver District Court No. 05CV5974
Honorable Norman D. Haglund, Judge
Club Matrix, LLC, a Colorado limited liability company, d/b/a Matrix Fitness and Spa,
Plaintiff-Appellee,
v.
Craig Nassi and Beauvallon Corp., a Colorado corporation,
Defendants-Appellants.
JUDGMENT REVERSED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA2158
Arapahoe County District Court No. 06CR1201
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Christopher Evans,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Carparelli and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2159
Arapahoe County District Court No. 06CR42
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Christopher Evans,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1470
El Paso County District Court No. 06CR5062
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Hewling,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Russel and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0626
El Paso County District Court No. 08CR1449
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Janie Ayesha McClain,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Marquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1297
Adams County District Court No. 09CR174
Honorable Dianna L. Roybal, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christian Rual Martinez,
Defendant-Appellant.
SENTENCE AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Russel and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1726
Jefferson County District Court No. 08CR760
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Denise R. Smith,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Carparelli, Lichtenstein, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2219
Jefferson County District Court No. 04CR4072
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Tad DeCoopman,
Defendant-Appellant.
SENTENCE AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2262
Boulder County District Court No. 09DR62
Honorable M. Gwyneth Whalen, Judge
In re the Marriage of
Terry Anthony Martinez,
Petitioner-Appellant,
and
Cathy Eileen Montion,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2327
Boulder County District Court No. 08CR1660
Honorable Maria E. Berkenkotter, Judge
Honorable Joseph R. Quinn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marc Ashley Sherman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0534
Pueblo County District Court Nos. 09CR1150 & 09CR1477
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Brijido Peralta,
Defendant-Appellant.
SENTENCES VACATED AND CASES
REMANDED WITH DIRECTIONS
Division B
Graham, Carparelli, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0951
Boulder County District Court No. 09CR1048
Honorable M. Gwyneth Whalen, Judge
Honorable John N. McMullen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David D. Henderson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0965
City and County of Denver District Court No. 06CR840
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shaney K. Emmett,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Carparelli, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1071
City and County of Denver District Court No. 10CV2615
Honorable Sheila A. Rappaport, Judge
McFarland Group, LLC, a Colorado limited liability company,
Plaintiff-Appellee,
v.
David Furtado; Joel Cherdack; and Medical Marijuana Doctors, a Colorado corporation,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BOORAS
Lichtenstein and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1170
Jefferson County District Court No. 05CR3872
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clinton J. Baskall,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1421
City and County of Denver District Court No. 09CV7450
Honorable Catherine A. Lemon, Judge
Allen Russell,
Plaintiff-Appellant,
v.
Guaranty Bank and Trust Company, a Colorado banking association; Colorado Business Bank, a Colorado baking association; the Denver Public Trustee; the Denver Treasurer; Saint Bernard Properties, LLC, a Colorado limited liability company; Nathan E. Beal; Carla Beal; 2801 Downing Street, LLC, a Colorado limited liability company; Sherman & Howard L.L.C., a Colorado limited liability company; Tamir Goldstein; Robert Brown; Kenneth B. Siegel; G. Michael Schuyler, a Colorado limited liability company; G. Michael Schuyler; Rothgerber Johnson & Lyons LLP, a Colorado limited liability company; Ben M. Ochoa; Jaclyn K. Casey; and Stephen T. Johnson,
Defendants-Appellees.
Judgment AND ORDER affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1439
Adams County District Court No. 06CR1582
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Edward Harris,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Carparelli, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1511
Adams County District Court No. 10JV77
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.C., a Child,
and Concerning C.C.,
Respondent-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 10CA1543
City and County of Denver District Court No. 03CR203
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Galen Tremell Felder,
Defendant,
and Concerning Wazir Ali Muhammad Al-Haqq,
Attorney-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1561
Arapahoe County District Court No. 06CV3183
Honorable Valeria N. Spencer, Judge
Hickory Place Condominium Association, Inc.,
Plaintiff-Appellee,
and
Northglenn Redevelopment Partners, LLC, a Colorado limited liability company; and Stonepine Investments, LLC, a Colorado limited liability company,
Intervenors-Appellees,
v.
GMAC Mortgage Corporation, substituted party for Mortgage Electronic Registration Systems, Inc., individually and acting solely as a nominee for GMAC Bank,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1623
Archuleta County District Court No. 09CV237
Honorable Gregory G. Lyman, Judge
Nancy E. Rowe,
Plaintiff-Appellant,
v.
Aurora Loan Services, LLC,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1777
El Paso County District Court No. 09CR3422
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Erin Richard Roybal,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROTHENBERG*
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1904
Larimer County District Court No. 10CV442
Honorable Gregory M. Lammons, Judge
City of Greeley, and City of Greeley, State of Colorado, acting by and through its Water and Sewer Board,
Petitioners-Appellees,
v.
Richard F. Snyder,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1961
Alamosa County District Court No. 09CV102
Honorable Pattie P. Swift, Judge
Leon Moyer,
Plaintiff-Appellant,
v.
Alamosa County Board of Equalization and Sandra Hostetter, Alamosa County Assessor,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2121
Larimer County District Court No. 05DR613
Honorable Stephen J. Schapanski, Judge
In re the Marriage of
David C. Burns,
Appellant,
and
Alta G. Herndon, f/k/a Burns,
Appellee.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE NEY*
Davidson, C.J. and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2394
Industrial Claim Appeals Office of the State of Colorado
DD No. 28086-2010
Patricia D. Guerrero,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2447
Crowley County District Court No. 09CV46
Honorable M. Jon Kolomitz, Judge
Edward Allen, a/k/a Edward Clutts,
Plaintiff-Appellant,
v.
Aristedes Zavaras, Executive Director, Colorado Department of Corrections,
Defendant-Appellee.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2543
City and County of Denver District Court No. 09CR5362
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Romero,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Graham, Carparelli, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0096
Chaffee County District Court No. 10DR49
Honorable Charles M. Barton, Judge
In re the Marriage of
Jennifer Leigh Huffman,
Appellant,
and
Trinity Lee Huffman,
Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0168
Industrial Claim Appeals Office of the State of Colorado
DD No. 27989-2010
Chilie Patterson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hospital Shared Services, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0282
Adams County District Court No. 09JV317
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S., E.S., and P.S., Children,
and Concerning A.G.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0300
Fremont County District Court No. 10JV200
Honorable Stephen A. Groome, Judge
The People of the State of Colorado,
Petitioner-Appellant,
In the Interest of D.H., a Child,
and Concerning R.W. and T.W.,
Respondents-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0449
Adams County District Court No. 10JV25
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.R-S., a Child,
and Concerning K.S. and H.R.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 11CA0585
City and County of Denver Juvenile Court No. 09JV1215
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.C.L.C.T, E.C.L.T., S.C.T., K.J.C.C.T., M.J.C.T., and B.J.C.T., Children,
and Concerning H.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0599
Industrial Claim Appeals Office of the State of Colorado
DD No. 762-2011
Sherry R. Cole,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training, Customer Service and Benefits,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0632
Arapahoe County District Court No. 10JV331
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.E.P., M.G.P., and M.M.P., Children,
and Concerning M.P.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Marquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0647
Industrial Claim Appeals Office of the State of Colorado
DD No. 39206-2010
Denise Stradiotto-Hess,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Chinese Children Adoption International,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0871
City and County of Denver Probate Court No. 11MH51
Honorable Ruben M. Hernandez, Magistrate
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Brian Thomas Wengler,
Respondent-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1008
Industrial Claim Appeals Office of the State of Colorado
DD No. 6209-2011
Adrian D. McGee,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dollar Tree Stores, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
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. 06CA1850
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dominic Dale Duran,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA1719
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Neil Eugene Roggow,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA2738
John T. Beilke,
Petitioner-Appellant,
v.
Mark Hurlbert, District Attorney, 5th Judicial District,
Respondent-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2807
Bledsoe Land Company LLLP; Bledsoe Ranch Co., a Colorado general partnership; Company B (COB), a Colorado partnership; Bledsoe Cattle Company, a co-partnership; Lucile M. Bledsoe; Lucile M. Bledsoe, Trustee of Henry A. Bledsoe Marital Trust; Robert E. Bledsoe; Rebecca K. Bledsoe; Grant H. Bledsoe; Ann E. Soehner; James J. Bowman; Sandra Ann Bowman, a/k/a S.A. Bowman, individually and as attorney-in-fact for Matthew D. Bowman; S.A. Bowman, Trustee of the JB Farm Family Trust; James Jason Bowman, Trustee of the JB Farm Family Trust; and Matthew Daniel Bowman, Trustee of the JB Farm Family Trust,
Plaintiffs-Appellees and Cross-Appellants,
v.
Forest Oil Corporation, a New York corporation; and Omimex Petroleum Inc., a Delaware corporation,
Defendants-Appellants and Cross-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 10CA0373
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Carl Peace,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA1244
Bledsoe Land Company LLLP; Bledsoe Ranch Co., a Colorado general partnership; Company B (COB), a Colorado partnership; Bledsoe Cattle Company, a co-partnership; Lucile M. Bledsoe; Lucile M. Bledsoe, Trustee of Henry A. Bledsoe Marital Trust; Robert E. Bledsoe; Rebecca K. Bledsoe; Grant H. Bledsoe; Ann E. Soehner; James J. Bowman; Sandra Ann Bowman, a/k/a S.A. Bowman, individually and as attorney-in-fact for Matthew D. Bowman; S.A. Bowman, Trustee of the JB Farm Family Trust; James Jason Bowman, Trustee of the JB Farm Family Trust; and Matthew Daniel Bowman, Trustee of the JB Farm Family Trust,
Plaintiffs-Appellees,
v.
Forest Oil Corporation, a New York corporation; and Omimex Petroleum Inc., a Delaware corporation,
Defendants-Appellants.
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. 2010.