ANNOUNCEMENTS
COLORADO COURT OF APPEALS
DECEMBER 23, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA2176
El Paso County District Court No. 05CR4644
Honorable David L. Shakes, Judge
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Erik Deane Rabes,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES AFFIRMED IN PART
AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
Court of Appeals No. 09CA1965
City and County of Denver District Court No. 08CV10636
Honorable William D. Robbins, Judge
Ruth Koehler,
Plaintiff-Appellant,
v.
Colorado Department of Health Care Policy and Financing,
Defendant-Appellee.
JUDGMENT REVERSED
Division VII
Opinion by JUDGE RICHMAN
Loeb and Russel, JJ., concur
Court of Appeals No. 09CA2592
Jefferson County District Court No. 93DR2232
Honorable Randall C. Arp, Judge
In re the Marriage of
Herbert L. Anderson,
Appellant,
and
Marilyn D. Anderson,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Roy and Hawthorne, JJ., concur
Court of Appeals No. 09CA2764
Mesa County District Court Nos. 09CV47 & 09CV4048
Honorable David A. Bottger, Judge
Harry Griff and Candi Clark,
Plaintiffs-Appellants,
v.
City of Grand Junction, acting by and through Stephanie Tuin, Grand Junction City Clerk; Diane Schwenke; and SLB Enterprises, LLC, d/b/a Brady Trucking,
Defendants-Appellees.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
Court of Appeals No. 10CA0522
Montezuma County District Court No. 08JV28
Honorable Sharon L. Hansen, Judge
The People of the State of Colorado,
Petitioner-Appellee and Cross-Appellant,
In the Interest of A.M., a Child,
and Concerning A.C. and N.M.,
Respondents-Appellants and Cross-Appellees,
and
L.H. and R.H.,
Intervenors.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Richman, J., concurs
J. Jones, J., concurs in part and dissents in part
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA0131
Jefferson County District Court No. 05CR2469
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martin Carlos Betancourt,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1720
El Paso County District Court No. 91CR1718
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carl W. Pursley, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman, J., concurs
Connelly, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2326
City and County of Denver District Court Nos. 07CR2441 & 07CR2827
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Brian Marquez,
Defendant-Appellant.
SENTENCE AFFIRMED
Division I
Opinion by JUDGE BERNARD
Taubman and Casebolt, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2393
Jefferson County District Court No. 07CR3735
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martin Alan Peterson,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE CRISWELL*
Dailey and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2395
Adams County District Court No. 07CR660
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gordon Kenneth Black,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE HAWTHORNE
Gabriel, J., concurs
Roy, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2707
El Paso County District Court Nos. 98CR4046 & 08CR122
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Roland Huerta,
Defendant-Appellant.
APPEAL DISMISSED
Division VI
Carparelli, Furman, and Connelly, JJ.
PER CURIAM
Court of Appeals No. 09CA0247
Adams County District Court No. 07CR3745
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cecil Tyrone Thompson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0683
Weld County District Court No. 08CR394
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maria Dora Garcia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0750
Mesa County District Court No. 08CR139
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Suzanne M. Shepard-Duncan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE J. JONES
Dailey and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1806
Arapahoe County District Court No. 04CR321
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Steven Chavez,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUSTICE ROVIRA*
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1975
Arapahoe County District Court No. 07DR2544
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Brian John Heider,
Appellant,
and
Roberta Jean Heider,
Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Webb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2193
Routt County District Court No. 08CV164
Honorable Michael A. O’Hara, Judge
Valerie Perea,
Plaintiff-Appellee,
v.
Tree Haus Metropolitan District,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CARPARELLI
Hawthorne and Plank*, JJ., concur
Court of Appeals No. 09CA2195
Adams County District Court No. 08CV1874
Honorable Katherine R. Delgado, Judge
First Horizon Home Loan Corporation, n/k/a First Horizon Home Loans,
Defendant-Appellee,
and
Quantmonics, LLC and Colfax LLC,
Intervenors-Appellees,
v.
Adam Smith, LLC and Leaf, LLC,
Intervenors-Appellants.
ORDER AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 09CA2253
Adams County District Court No. 08CV1874
Honorable Katherine R. Delgado, Judge
First Horizon Home Loan Corporation, n/k/a First Horizon Home Loans,
Defendant-Appellee,
v.
Colfax LLC,
Intervenor-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 09CA2456
Weld County District Court No. 07CV7137
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Simon Peter Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2613
City and County of Denver District Court No. 08CV9580
Honorable Morris B. Hoffman, Judge
North Denver Industrial I, LLC,
Plaintiff-Appellee,
v.
Robby A. Eskanos, an individual, and American Freedom Woods, Inc., a Colorado corporation,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0220
Jefferson County District Court No. 01CR755
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Angel Lozoya,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0226
Jefferson County District Court No. 06CR102
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Scott Anderson,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Dailey, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0336
Adams County District Court No. 07CV1570
Honorable Katherine R. Delgado, Judge
Barbara McMillan,
Plaintiff-Appellee,
v.
Steven S. Vanheusen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0402
Weld County District Court No. 08JV307
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.C., a/k/a L.C., a Child,
and Concerning C.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0451
Industrial Claim Appeals Office of the State of Colorado
DD No. 37666-2009
Bradley Coal Company,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Manuel C. Pacheco,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Miller and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0504
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-772-353
Lucia Capritta,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and King Soopers, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Webb and Booras, JJ., concur
Court of Appeals No. 10CA0620
City and County of Denver District Court No. 09CR882
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bert Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Loeb and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0771
Otero County District Court No. 08JV51
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.B., a Child,
and Concerning D.B. and L.B.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 10CA0835
El Paso County District Court No. 01CR2778
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Allen Sater,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Graham, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0838
Otero County District Court No. 09JV43
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.L., a Child,
and Concerning L.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 10CA0990
Industrial Claim Appeals Office of the State of Colorado
DD No. 1567-2010
James A. Collom,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Intellisource Colorado, LLC,
Respondents.
ORDER AFFIRMED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1119
Industrial Claim Appeals Office of the State of Colorado
DD No. 5611-2010
Paul J. Stann,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Robert Streno,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 10CA1154
Industrial Claim Appeals Office of the State of Colorado
DD No. 10889-2010
Barbara G. Byers,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Wal-mart Associates, 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. 10CA1318
Industrial Claim Appeals Office of the State of Colorado
DD No. 4619-2010
Rosemarie G. Stewart,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Metro Community Provider Network, Inc.,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE NIETO*
Davidson, C.J., and Criswell*, J., concur
Court of Appeals No. 10CA1326
Adams County District Court No. 09JV138
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.D, L.D., Jr., and V.D., Children,
and Concerning L.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FURMAN
Carparelli and Connelly, JJ., concur
Court of Appeals No. 10CA1424
City and County of Denver Juvenile Court No. 09JV342
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S. and N.S., Children,
and Concerning A.R.S. and C.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CONNELLY
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1442
Industrial Claim Appeals Office of the State of Colorado
DD No. 10-667-2010
Stephen J. Mason,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and the Division of Employment and Training,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Dailey and J. Jones, JJ., concur
Court of Appeals No. 10CA1463
Industrial Claim Appeals Office of the State of Colorado
DD No. 14702-2010
Shelley M. Johnson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Pediatric Services of America, 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. 10CA1507
Industrial Claim Appeals Office of the State of Colorado
DD No. 4384-2010
Jorge H. Castillo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Shawn’s Sparkling Squeegee Service,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1556
Arapahoe County District Court No. 09JV767
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.D., a Child,
and Concerning D.J.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Graham and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1588
Industrial Claim Appeals Office of the State of Colorado
DD No. 15-669-2010
Bryon C. Bondurant,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools, Denver School District #1,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1593
El Paso County District Court No. 94CR371
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Paul Perez,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Graham, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1683
Industrial Claim Appeals Office of the State of Colorado
DD No. 16559-2010
Jolica M. Barela,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Wal-Mart Associates, 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. 10CA1727
Industrial Claim Appeals Office of the State of Colorado
DD No. 15-679-2010
Issa H. Carson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Centura Health, Porter Memorial Hospital/Porter Care,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 10CA1818
Industrial Claim Appeals Office of the State of Colorado
DD No. 19681-2010
Maly Vue,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Cooper Lighting 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. 10CA1934
Industrial Claim Appeals Office of the State of Colorado
DD No. 19597-2009
Rhonda Sue Cain,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Carole’s Cleaning, 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. 10CA2010
Industrial Claim Appeals Office of the State of Colorado
DD No. 8287-2009
Eddie D. Encinias,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Bassett Construction Co.,
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. 07CA0326
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Michael Branville,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0318
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Edward Patrick O’Connell,
Defendant-Appellant.
Petition for Rehearing Denied
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0283
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Albert Lee Pacheco,
Defendant-Appellant.
Petitions for Rehearing DENIED
Furman, J., would GRANT petition of Plaintiff-Appellee
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2038
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip F. Montano,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2312
Steven Hooks,
Plaintiff-Appellee,
v.
Dale W. Pedersen,
Defendant,
and Concerning Jeffrey Clay Ruebel,
Appellant.
Petition for Rehearing Denied
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2595
Carl Fleming, by his guardian and conservator, Stacey Simpson-Fleming,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Truck Insurance Exchange; and Giesen Restaurant,
Respondents.
Petition for Rehearing DENIED
Court of Appeals No. 10CA0337
In re the Marriage of
David Rudolph Carey,
Appellant,
and
Detria Williamson,
Appellee.
Opinion Modified and
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.