ANNOUNCEMENTS

COLORADO COURT OF APPEALS

June 24, 2010

“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.

P U B L I S H E D   O P I N I O N S

Court of Appeals No. 07CA2412

Douglas County District Court No. 05CR542

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrian Enrique Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

Court of Appeals No. 08CA1240

Douglas County District Court No. 06CR131

Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Allen Price,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE LICHTENSTEIN

Bernard and Connelly, JJ., concur

Court of Appeals No. 08CA1657

El Paso County District Court No. 05CR5601

Honorable David Lee Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tshebia M. Wilson,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

J. Jones and Richman, JJ., concur

Court of Appeals No. 08CA2321

Arapahoe County District Court No. 06CR3642

Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Herbert Duane Frye,

Defendant-Appellee.

Appeal Dismissed

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

Court of Appeals No. 09CA0689

Las Animas County District Court No. 03CV133

Honorable Leslie J. Gerbracht, Judge

Larry Crossgrove,

Plaintiff-Appellant,

v.

Wal-Mart Stores, Inc.,

Defendant-Appellee.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROMán

Roy and Booras, JJ., concur

Court of Appeals No. 09CA1195

City and County of Denver District Court No. 08CV10869

Honorable Larry J. Naves, Judge

Grand Valley Citizens’ Alliance, Cary Weldon, Ruth Weldon, Wesley Kent, Marcia Kent, and Western Colorado Congress,

Plaintiffs-Appellants,

v.

Colorado Oil and Gas Conservation Commission; David Neslin, in his official capacity as Acting Director of the Colorado Oil and Gas Conservation Commission; and EnCana Oil & Gas (USA), Inc.,

Defendants-Appellees.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE CONNELLY

Bernard and Lichtenstein, JJ., concur

Court of Appeals No. 09CA1548

Adams County District Court No. 08CV2073

Honorable C. Scott Crabtree, Judge

Romantix, Inc., d/b/a Romantix ABV Denver, formerly known as Goalie Entertainment, Inc., d/b/a Romantix ABV Denver,

Plaintiff-Appellee, 

v.

City of Commerce City, 

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE TERRY

Casebolt and Furman, JJ., concur

Court of Appeals No. 09CA1869

Gunnison County District Court No. 08CV40

Honorable J. Steven Patrick, Judge

United Fire Group, as subrogee of Metamorphosis Salon,

Plaintiff-Appellant,

v.

Powers Electric, Inc. and Gary J. Powers, d/b/a Powers Electric, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BERNARD

 Lichtenstein and Connelly, 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. 07CA0624

Arapahoe County District Court No. 01CR113

Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William August Terzian,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Furman and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA0878

City and County of Denver District Court No. 05CR1165

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Lee Davenport, III,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Carparelli and Criswell*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA0880

Jefferson County District Court No. 05CR3446

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Scott Yeckering,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE RICHMAN

Taubman and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA1629

Arapahoe County District Court No. 06CR2462

Honorable J. Mark Hannen, Judge

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Keith Chapman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Miller and Rovira*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA1893

City and County of Denver District Court No. 06CR4804

Honorable John W. Madden, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Stevie Mills,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

J. Jones and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA2315

City and County of Denver District Court No. 06CR4298

Honorable Catherine A. Lemon, Judge

Honorable Anne Marie Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ceasario Armando Lozano,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE DAILEY

Carparelli and Rovira*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0728

Logan County District Court No. 06CR29

Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Joseph Weigel,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Miller and Rovira*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0844

City and County of Denver District Court No. 07DR2778

Honorable William W. Hood, III, Judge

In re the Marriage of

Anne Moore Howe,

Appellee,

and

Bradley Sherman Howe,

Appellant.

JUDGEMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE DAILEY

Carparelli and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1193

El Paso County District Court No. 97CR1014

Honorable Steven T. Pelican, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Lavon Flakes,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1763

Logan County District Court No. 06CR222

Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Billy Joe Warren,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE MILLER

Rovira* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1987

Weld County District Court Nos. 07CR840, 07CR841, & 07CR842

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

José Jimenez-Crespo,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE FURMAN

Casebolt and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2185

Jefferson County District Court No. 06CV326

Honorable Randall C. Arp, Judge

Colin Farrell Photography, Inc.,

Plaintiff-Appellee,

v.

BJC Development Corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE MILLER

Rovira* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2455

Larimer County District Court No. 07CR611

Honorable Terence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rolf Gunther Kleeberg,

Defendant-Appellant.

JUDGMENT VACATED IN PART, AFFIRMED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division B

Casebolt, Richman, and Miller, J.J.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2692

Jefferson County District Court No. 08CV460

Honorable Christopher J. Munch, Judge

Philip Beck and Mary Lucille Beck,

Plaintiffs-Appellees,

v.

Gregory A. Murphy and Karina L. Murphy,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE LICHTENSTEIN

Bernard and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0311

Adams County District Court No. 07CV1857

Honorable C. Scott Crabtree, Judge

Jozef Woinski,

Plaintiff-Appellant,

v.

Fleet-Car Lease, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI

Opinion by CHIEF JUDGE DAVIDSON

Márquez* and Rothenberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0437

Arapahoe County District Court No. 00CR1601

Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Armen Saroyan,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE CONNELLY

Bernard and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0546

Arapahoe County District Court No. 05CR766

Honorable Marilyn L. Antrim, Judge

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wilmer Modesto Arrazola-Navarro,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE WEBB

Russel and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0721

Jefferson County District Court No. 86CR1088

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Edward Girardin,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Miller, and Richman, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0973

El Paso County District Court No. 07CR1129

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Delecia Ja’na Washington,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE J. JONES

Taubman and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1041

Mesa County District Court No. 06CR1705

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Lachney,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VII

Opinion by JUDGE LICHTENSTEIN

Bernard and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1058

Adams County District Court No. 04CR1621

Honorable John T. Bryan, Judge

Honorable Thomas R. Ensor, Judge

Honorable C. Scott Crabtree, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John W. Warrener,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROMÁN

Roy and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1169

El Paso County District Court No. 07CR553

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Thomas Nowak,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE RICHMAN

Taubman and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1234

Larimer County District Court No. 08DR732

Honorable Jolene C. Blair, Judge

In re the Marriage of

Dean A. Bratz,

Appellant,

and

Wendy R. Bratz,

Appellee.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE CARPARELLI

Dailey and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1672

Pueblo County District Court No. 04DR928

Honorable David W. Crockenberg, Judge

In re the Marriage of

Lisa Miller,

Appellee,

and

Larry C. Miller,

Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE NEY*

Dailey and Carparelli, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1796

Fremont County District Court No. 09CV197

Honorable Stephen A. Groome, Judge

Joseph Burke,

Plaintiff-Appellant,

v.

Executive Director of the CDOC, and Warden of Fremont Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE CARPARELLI

Dailey and Rovira*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1915

Industrial Claim Appeals Office of the State of Colorado

WC No. 4675284

Ira A. Sanders,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Department of Labor and Employment,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by CHIEF JUDGE DAVIDSON

Márquez* and Rothenberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1934

Jefferson County District Court No. 09CV2680

Honorable Stephen M. Munsinger, Judge

Clinton J. Baskall,

Plaintiff-Appellant,

v.

Jeannie Miller, Colorado Department of Corrections,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI

Opinion by JUSTICE ROVIRA*

Miller and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1938

Arapahoe County District Court No. 04DR3103

Honorable J. Mark Hannen, Judge

Honorable Juanita L. Rice, Judge

In re the Marriage of

Wendy Pomeranz, f/k/a Wendy Gugino,

Appellant,

and

Russell Gugino,

Appellee,

and Concerning Arthur S. Bowman, Jr.,

Attorney-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUSTICE ROVIRA*

Dailey and Carparelli, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1980

Jefferson County District Court No. 98CR4076

Honorable Frank Plaut, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mary Bernice Johnson,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Richman, and Miller, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2258

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-748-216

Benita Martinez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Senior Resource Center, Inc., and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE STERNBERG*

Dailey and Bernard, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2265

Arapahoe County District Court 06JD728

Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.N.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE TERRY

Casebolt and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2659

Weld County District Court No. 09MH223

Pueblo County District Court Nos. 09MH109 & 09MH153

Honorable Dennis Maes, Judge

Honorable James Hartmann, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of

Charmain Hardy,

Respondent-Appellant.

APPEAL DISMISSED IN PART AND ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

J. Jones and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2763

El Paso County District Court No. 09JV77

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.T., Child,

and Concerning K.M.T.,

Respondent-Appellant.

ORDER 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. 10CA0050

Adams County District Court No. 08JV372

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.S., Child,

and Concerning G.S.S. and K.L.S.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE ROY

Román and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0061

Arapahoe County District Court No. 08CR1868

Honorable Kurt A. Horton, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Deborah Ann MacGregor,

Defendant-Appellee.

ORDER AFFIRMED

Division VII

Opinion by JUDGE LICHTENSTEIN

Bernard and Connelly, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0149
Industrial Claim Appeals Office of the State of Colorado

DD No. 37098-2009

Debra K. Williams,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and The Sunshine House, Inc.,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0216

Industrial Claim Appeals Office of the State of Colorado

DD No. 32594-2009

Meriem D. Ali-Hassen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Nordstrom, Inc.,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J., and Rothenberg*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0253

Weld County District Court No. 10MH1

Honorable James F. Hartmann, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of

Charmain Hardy,

Respondent-Appellant.

ORDERS AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

J. Jones and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0289

Industrial Claim Appeals Office of the State of Colorado

DD No. 37085-2009

Monty R. Fenwick,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and True North Woodcraft LLC,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE ROTHENBERG*

Davidson, C.J., and Márquez*, J., 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. 07CA1807

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Michael Jakub,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1826

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elbert Hughley,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2037

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul C. Romero,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2345

Stephen R. Eckstat and Victoria Eckstat,

Plaintiffs-Appellees,

v.

Kenneth D. Cloud and Rosemary S. Cloud,

Defendants-Appellants.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0352

The People of the State of Colorado,

Plaintiff-Appellee,

v.

René Moroe,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0982

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cynthia Renee Pinkey,

Defendant-Appellant.

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. 2009.