ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MARCH 28, 2013
“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. 10CA0789
El Paso County District Court No. 09CR1622
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cassandra Henson,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
Court of Appeals No. 10CA1349
City and County of Denver District Court No. 08CR5851
Honorable Brian R. Whitney, Judge
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric J. Torrez,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART
AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur
Court of Appeals No. 11CA0105
Summit County District Court No. 10CR80
Honorable Karen A. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ivan Joseph Sinovcic,
Defendant-Appellant.
ORDER VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
Court of Appeals No. 11CA0363
City and County of Denver District Court No. 08CV1389
Honorable R. Michael Mullins, Judge
Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh,
Plaintiff-Appellant,
v.
Westin Operator, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Prior Opinion Announced November 1, 2012, WITHDRAWN
Petition for Rehearing GRANTED
Furman, J., would DENY
Division IV
Opinion by JUDGE WEBB
Vogt*, J., concurs
Furman, J., concurs in part and dissents in part
Court of Appeals No. 11CA0553
Mesa County District Court No. 09CR1594
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincent J. Iversen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 11CA1377
Douglas County District Court No. 08CR71
Honorable Vincent White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig McKenzie Fair,
Defendant-Appellant.
ORDERS AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Román, J., concurs
Hawthorne, J., dissents
Court of Appeals No. 11CA2141
Arapahoe County District Court No. 11CV664
Honorable Gerald J. Rafferty, Judge
Sara L. Burnett,
Plaintiff-Appellant,
v.
State of Colorado, Department of Natural Resources, Division of Parks and Outdoor Recreation,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Miller, J., concurs
Carparelli, J., dissents
Court of Appeals Nos. 11CA2202 & 12CA0192
City and County of Denver District Court No. 09DR2227
Honorable Herbert L. Stern, III, Judge
In re the Marriage of
Regina T. Drexler,
Appellee,
and
Charles B. Bruce, Jr.,
Appellant.
ORDERS AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur
Court of Appeals No. 11CA2586
City and County of Denver District Court No. 09CV7898
Honorable Sheila A. Rappaport, Judge
Adolescent and Family Institute of Colorado, Inc., a Colorado corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
Colorado Department of Human Services, Division of Behavioral Health, f/k/a Alcohol and Drug Abuse Division,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED AND ORDER VACATED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur
Court of Appeals No. 12CA0088
City and County of Denver District Court No. 09CV894
Honorable John William Madden, IV, Judge
City of Golden, a Colorado home rule municipal corporation, and Jeff Hansen, in his official capacity as Finance Director for the City of Golden,
Plaintiffs-Appellants,
v.
Aramark Educational Services, LLC, a Delaware limited liability company; Barbara Brohl, in her official capacity as Executive Director of the Colorado Department of Revenue; and Timothy T. Weber, in his official capacity as Executive Director of the Colorado Department of Revenue,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE HAWTHORNE
Furman and Plank*, JJ., concur
Court of Appeals No. 12CA0571
Board of Assessment Appeals No. 54478
Bachelor Gulch Operating Company, LLC,
Petitioner-Appellant,
v.
Board of County Commissioners of Eagle County, Colorado
Respondent-Appellee,
and
Board of Assessment Appeals, State of Colorado,
Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
Court of Appeals No. 12CA0934
City and County of Denver District Court No. 10CV7590
Honorable Ann B. Frick, Judge
Philip Jordan and Roberta Jordan,
Plaintiffs-Appellants,
v.
Safeco Insurance Company of America, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur
Court of Appeals No. 12CA1443
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-733-270
United Airlines,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Angela Jones,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Fox, 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. 07CA1044
El Paso County District Court No. 05CR634
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Mark Archuleta,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE NIETO*
Miller and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2255
Eagle County District Court No. 05CR324
Honorable R. Thomas Moorhead, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Anthony Gross,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1150
El Paso County District Court No. 09CR564
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremy James Mack,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1199
City and County of Denver District Court No. 08CR6355
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Puga-Martinez,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1305
Jefferson County District Court No. 91CR583
Honorable Christie B. Phillips, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vinh Tran Nguyen,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
Court of Appeals No. 10CA1433
Jefferson County District Court No. 04CR1043
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anita Rose Montoya,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
Court of Appeals No. 10CA1631
Mesa County District Court No. 09CR713
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Camden Fortney,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1674
Arapahoe County District Court No. 09CR2096
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Ray Wilbourn,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMán
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1754
Arapahoe County District Court No. 09CR983
Honorable William Blair Sylvester, Judge
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sandra Buechner-Withers,
Defendant-Appellant.
Judgment affirmed
Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1038
Adams County District Court No. 10CR576
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kolt Brandon Blackston,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE ROY*
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1196
Lincoln County District Court No. 09CR60
Honorable P. Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert J. Landrum,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE MILLER
Navarro and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1203
Jefferson County District Court No. 05CR4502
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Robert Galvan,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE NAVARRO
Miller and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1411
Adams County District Court No. 04CR1277
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mario Mendoza,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Navarro and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1469
El Paso County District Court No. 10CR2495
Honorable D. Richard Toth, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Roy Rutter,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1866
City and County of Denver District Court No. 10CR844
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Franklin Ampousah Addo,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1906
City and County of Denver District Court No. 08CV7177
Honorable Robert S. Hyatt, Judge
Oloyea D. Wallin,
Plaintiff-Appellant,
v.
Rodney Achens,
Defendant-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROY*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2016
Arapahoe County District Court No. 01CR3217
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Emanuel Vernell Pittman,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2529
La Plata County District Court No. 09CV509
Honorable David L. Dickinson, Judge
Enterprise Rent-A-Car,
Plaintiff-Appellee,
v.
Darcy Levtzow,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE NIETO*
Miller and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0242
Crowley County District Court No. 11CV27
Honorable Scott B. Epstein, Judge
Michael R. O’Connor,
Plaintiff-Appellant,
v.
Colorado Department of Corrections, Executive Director of the Colorado Department of Corrections; Mary Carlson, Time/Release Operations; and John Suthers, Attorney General,
Defendants-Appellees.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0290
Mesa County District Court No. 07CV446
Honorable David A. Bottger, Judge
Cathy Anne Horen,
Plaintiff-Appellee and Cross-Appellant,
v.
Brandon 2, LLC,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0356
City and County of Denver District Court No. 08CV4422
Honorable Catherine A. Lemon, Judge
James Clary,
Plaintiff-Appellee,
v.
Patricia Cone,
Defendant,
and
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Intervenor-Appellant.
APPEAL DISMISSED
Division I
Opinion by JUDGE GRAHAM
Hawthorne, J., concurs
Taubman, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0369
City and County of Denver District Court No. 08CV4422
Honorable Catherine A. Lemon, Judge
James Clary,
Plaintiff-Appellee,
v.
Patricia Cone,
Defendant-Appellant.
APPEAL DISMISSED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0421
Logan County District Court No. 11CV122
Honorable Kevin L. Hoyer, Judge
Adam Dmytryszyn,
Plaintiff-Appellant,
v.
Warden of Sterling Correctional Facility; and Executive Director of the Colorado Department of Corrections,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0667
Arapahoe County District Court No. 87DR1634
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Robert L. Goodbinder,
Appellant,
and
Gayle S. Goodbinder, n/k/a Gayle S. Strauss,
Appellee,
and
Arapahoe County Department of Human Services,
Intervenor-Appellee.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0693
Adams County District Court No. 10CV414
Honorable C. Scott Crabtree, Judge
Michael Malin,
Plaintiff-Appellant,
v.
Steven G. Naples; Heidi Bendiksen Naples; Naples Franchising Systems, Inc.; and The Naples Group, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE MILLER
Navarro and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1333
Board of Assessment Appeals No. 59162
John C. Corbridge,
Petitioner-Appellant,
v.
Jefferson County Board of Equalization,
Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1410
La Plata County District Court No. 10CV54
Honorable Jeffrey R. Wilson, Judge
Keith Family Limited Partnership,
Plaintiff-Appellant,
v.
BP America Production Company,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GRAHAM
Taubman and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1826
Pueblo County District Court No. 10JV649
Honorable Deborah R. Eyler, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.E.L., a Child,
and Concerning
E.J.,
Respondent-Appellant,
and
C.J.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2253
Industrial Claim Appeals Office of the State of Colorado
DD No. 13043-2012
TAZU, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Angela B. Satterfield,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2259
City and County of Denver Juvenile Court No. 11JV609
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.M., a Child,
and Concerning D.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2328
Weld County District Court No. 11JV890
Honorable Marcelo Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S., a Child,
and Concerning I.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BOORAS
Dailey and Furman, 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. 09CA2462
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Franklin Elmarr, Sr.,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0830
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Lee Griffin,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0363
Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh,
Plaintiff-Appellant,
v.
Westin Operator, LLC,
Defendant-Appellee.
Prior Opinion Announced November 1, 2012, WITHDRAWN
Petition for Rehearing GRANTED
Furman, J., would DENY
Court of Appeals No. 11CA2566
Ranee Donia and Brandon David,
Plaintiffs-Appellants,
v.
Robin Schiesser,
Defendant-Appellee.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0228
Jane Baldwin,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Air Wisconsin Airlines Corporation; and ACE,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0744
Bank of the San Juans, a Colorado banking corporation,
Plaintiff-Appellee,
v.
James H. Custer,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1085
Paula Marlatt and William W. Marlatt,
Plaintiffs-Appellants,
v.
Bank of America, N.A.; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP; and Mortgage Electronic Registration Systems, Inc.,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1194
Joseph P. Cotter,
Plaintiff-Appellant,
v.
The Law Offices of Paul Gertz, P.C.,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1255
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.G.,
Juvenile-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2050
Cheryl L. Murphy,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Marcus J. Blue, DDS, P.C.,
Respondents.
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. 2012.