ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 13, 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 S
Court of Appeals No. 08CA1174
Adams County District Court No. 07CR1801
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Bernard Cordova,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court
of Appeals No. 08CA2156
Arapahoe County District Court No. 06CR2349
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Len Harmon,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GABRIEL
Dailey and Graham, JJ., concur
Court of Appeals No. 08CA2453
City and County of Denver District Court No. 07CR1037
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tommie Corral Mendoza,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 09CA0400
Douglas County District Court No. 03CR691
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Brett Grassi,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
OPINION PREVIOUSLY ANNOUNCED AS “NOT PUBLISHED PURSUANT
TO C.A.R. 35(f)” August 18, 2011, IS NOW PUBLISHED.
Court of Appeals No. 09CA2543
El Paso County District Court No. 09CR1980
Honorable David Alan Cole, Judge
The People of the State of Colorado,
Plaintiff-Appellee
v.
Shannon Dillon Berry,
Defendant-Appellant.
JUDGMENT REVERSED
Division VII
Opinion by JUDGE CRISWELL*
Furman and Richman, JJ., concur
Court of Appeals No. 10CA0363
Pitkin County District Court No. 09CV121
Honorable James B. Boyd, Judge
Westpac Aspen Investments, LLC, a Colorado limited liability company,
Plaintiff-Appellee,
v.
Residences at Little Nell Development, LLC, a Delaware limited liability company; Aspen Land Fund, LLC; CWA Development, LLC; Centurion Partners Aspen, LLC; Centurion Partners, LLC; Whitehall Street Global Real Estate Limited Partnership 2001; Whitehall Parallel Global Real Estate Limited Partnership 2001; and W2001 Nell Real Estate, LLC,
Defendants-Appellees,
and
Preston B. Henn and Betty D. Henn,
Defendants-Appellants.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román and Bernard, JJ., concur
Court of Appeals No. 10CA0398
City and County of Denver District Court No. 08CR3965
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Louis C. Ortega,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Román and Booras, JJ., concur
Court of Appeals No. 10CA0668
City and County of Denver District Court No. 06CV12898
Honorable Michael A. Martinez, Judge
Honorable Martin F. Egelhoff, Judge
Honorable Christina M. Habas, Judge
Vasilios Haralampopoulos, by his guardian John Haralampopoulos
Plaintiff-Appellant,
v.
Jason L. Kelly, M.D., and Mauricio L. Waintrub, M.D.,
Defendant-Appellees.
JUDGMENT AND ORDER REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FOX
Roy, J., concurs
Webb, J., dissents
Court of Appeals No. 10CA1458
Adams County District Court No. 09CV713
Honorable C. Scott Crabtree, Judge
Citywide Banks,
Plaintiff-Appellant,
v.
Brenda L. Armijo,
Defendant-Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
Court of Appeals No. 10CA1459
Boulder County District Court No. 09CV236
Honorable Thomas F. Mulvahill, Judge
Martin Sterenbuch,
Plaintiff-Appellant and Cross-Appellee,
v.
E. Warren Goss, III; Lyle Smith; and Intercontinental Capital Management, LTD,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Webb, J., concurs
Casebolt, J., specially concurs
Court of Appeals No. 10CA1720
Eagle County District Court No. 07CV228
Honorable W. Terry Ruckriegle, Judge
Jose Chavez,
Plaintiff-Appellee,
and
Pinnacol Assurance,
Plaintiff-Appellant
v.
Kelley Trucking, Inc.,
Defendant.
ORDER affirmed
Division V
Opinion by JUDGE CARPARELLI
Russel and Márquez,* JJ., concur
Court of Appeals No. 10CA1907
Arapahoe County District Court No. 09CR419
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Jason A. Holt,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Criswell*, JJ., concur
Court of Appeals No. 10CA2176
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-804-458
Elaine Loofbourrow,
Petitioner and Cross-Respondent,
v.
Industrial Claims Appeals Office of the State of Colorado,
Respondent,
and
Harman-Bergstedt, Inc., d/b/a Kentucky Fried Chicken and Zurich American Insurance Company,
Respondents and Cross-Petitioners.
ORDER AFFIRMED IN PART, SET ASIDE IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Taubman and Miller, 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. 07CA0882
Arapahoe County District Court No. 06CR1348
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Julio Venalonzo, a/k/a Melvin Manzanares(z),
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
El Paso County District Court No. 07CR5828
Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sheila Ann Trapp,
Defendant-Appellant.
Judgment reversed and case
remanded with directions
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
Court of Appeals No. 09CA0242
Arapahoe County District Court No. 03CR2548
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jennifer Diane Harris,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0395
Pueblo County District Court No. 08CR406
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Robert Hacke,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Booras, J., concurs
Lichtenstein, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1098
Fremont County District Court No. 08CR50
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jessie Rodriguez Yerton,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Graham and Gabriel, JJ., concur
Court of Appeals No. 09CA2023
City and County of Denver District Court No. 08CR248
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence Arthur Munko,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Graham and Plank, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0032
Gilpin County District Court No. 08CR88
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Arthur Lovelace,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
El Paso County District Court No. 06DR3242
Honorable Thomas K. Kane, Judge
In re the Marriage of
Leigh Anne Obluda,
Appellee,
and
Bernard H. Obluda,
Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Russel and Márquez*, JJ., concur
Court of Appeals No. 10CA0557
Mesa County District Court No. 07CR1739
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William C. Johnson,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0707
Arapahoe County District Court No. 04CV587
Honorable Michael J. Spear, Judge
Advantek Pro, Inc., a California corporation; and Westco International SRL, a company organized under the laws of Barbados, on behalf of themselves and all similarly situated persons and businesses,
Plaintiffs-Appellants and Cross-Appellees,
v.
ADT Security Services, Inc., a Delaware corporation,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Gabriel and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA0857 & 11CA0154
El Paso County District Court No. 08CV4457
Honorable Larry E. Schwartz, Judge
Centura Health; and Catholic Health Initiatives Colorado, d/b/a Penrose-St. Francis Health Services,
Plaintiffs-Appellees,
v.
The Files, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART AND VACATED IN PART,
ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Loeb, J., concurs
Roy, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1192
Larimer County District Court No. 10CV227
Honorable Gregory M. Lammons, Judge
Janece M. Nissen, Ikejon M. Nissen, James M. Adrian, Caroline P. Adrian, Michael A. Savage, Darlene K. Savage, Stephen W. Gillette, and Katherine L. Gillette,
Plaintiffs-Appellees,
v.
Kleber Living Trust, dated May 9, 2003,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
Court of Appeals No. 10CA1262
Boulder County District Court No. 08CV1135
Honorable Roxanne Bailin, Judge
Bivio Software Artisans, Inc., d/b/a Bivio Software,
Plaintiff-Appellee,
v.
Redzone Software, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1408
City and County of Denver District Court No. 10CV545
Honorable Robert S. Hyatt, Judge
City and County of Denver, a municipal corporation,
Plaintiff-Appellee,
v.
Vivian Weeks,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE DAILEY
Webb, J., concurs
Casebolt, J., dissents
Court of Appeals No. 10CA1686
Industrial Claim Appeals Office of the State of Colorado
DD No. 16906-2010
Steve Hamann,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado Precast Concrete Inc.,
Respondents.
Division I
Opinion by JUDGE ROMÁN
Taubman and Booras, JJ., concur
Court of Appeals No. 10CA2040
City and County of Denver District Court No. 02CR2444
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald W. Reynolds, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GABRIEL
Graham and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2164
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-798-035
Daniel Gutierrez-Salazar,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Jomax Construction Company, and Valley Forge Insurance Company,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2275
City and County of Denver District Court No. 05CR3331
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alphonso Ceasar,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2442
Adams County District Court No. 09CR3240
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Allen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE WEBB
Roy and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2558
Jefferson County District Court No. 05DR965
Honorable Christie B. Phillips, Judge
In re the Marriage of
Richard Berry,
Appellee,
and
Susan C. Berry,
Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Graham and Gabriel, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2593
Industrial Claim Appeals Office of the State of Colorado
WC No. 3-941-887
Delores Risberg,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and King Soopers,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE ROTHENBERG*
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0440
Mesa County District Court Nos. 08JV298 & 10JV110
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.L.H. and N.C.H., Children,
and Concerning J.H. and S.H.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Miller JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0574
Larimer County District Court No. 08JV876
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.W., N.W., A.W., Children,
and Concerning R.W.,
Respondent-Appellant.
JUDGMENT AND ORDER VACATED
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Furman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0631
Industrial Claim Appeals Office of the State of Colorado
DD No. 2696-2011
Adam K. Stagner,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mile High Tree Care, Inc.,
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. 11CA0724
Adams County District Court No. 10JV60
Honorable Jill Ellyn-Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.S., a Child,
and Concerning C.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0810
Industrial Claim Appeals Office of the State of Colorado
DD No. 38748-2010
Helen L. Vacchio,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc.,
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. 11CA0838
Arapahoe County District Court No. 09JV1175
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.H. and K.H-G., Children,
and Concerning E.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0926
Industrial Claim Appeals Office of the State of Colorado
DD No. 6274-2011
Jeffrey D. Patruska,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dillard Store Services, Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0977
Industrial Claim Appeals Office of the State of Colorado
D.D. Nos. 34980-2010 & 3497-2011
James R. Ferguson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Dynamic Data Management, LLC,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE J. JONES
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1000
Arapahoe County District Court No. 10JV266
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.S., III; L.S.; Z.S.; and L.S., Children,
and Concerning L.D.S., II,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FOX
Roy and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1053
Industrial Claim Appeals Office of the State of Colorado
DD No. 5072-2011
Michael J. Bogal,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and WorldPac, Inc.,
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. 11CA1117
El Paso County District Court No. 10JV857
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.J.W., Jr., a Child,
and Concerning T.J.W., Sr. and C.B.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1212
Arapahoe County District Court No. 09JV213
Honorable Paul R. McLimans, Judge
The People of the State of Colorado,
Petitioner-Appellant,
In the Interest of E.C., a Child,
and Concerning C.M.-E.
Respondent-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
Court of Appeals No. 11CA1436
Industrial Claim Appeals Office of the State of Colorado
DD No. 10302-2011
Bonnie L. Fletcher,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Lowes HIW, Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1500
Industrial Claim Appeals Office of the State of Colorado
DD No. 12700-2011
Kerry Buschmann,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Comcast MO Group, 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. 08CA2371
In re the Marriage of
Danny Gene Abbott,
Respondent,
and
Nina M. Abbott,
Appellant,
and Concerning Glynna Baker, child’s Legal Representative,
Appellee.
Court of Appeals No. 10CA1805
The People of the State of Colorado,
Plaintiff-Appellant,
v.
$11,200.00 US Currency and Bradley Edward Strand,
Defendants-Appellees.
Court of Appeals No. 09CA0863
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robin Gene Thomeczek,
Defendant-Appellant.
Court of Appeals No. 10CA2075
Blue Whale Land and Cattle Company, Inc., a Colorado corporation; and
Ronald William Goodacre,
Plaintiffs-Appellees,
v.
Cathleen Glinton,
Defendant-Appellant.
Court of Appeals No. 09CA1521
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edwin Paul Van Dover.
Defendant-Appellant.
Court of Appeals No. 10CA1449
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Ramos, Jr.,
Defendant-Appellant.
Court of Appeals No. 11CA0665
John A. Norman,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and GMRI, Inc., d/b/a Red Lobster and Olive Garden Restaurants,
Respondents.
Opinion Modified and
Petition for Rehearing DENIED
* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.