-1- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

ANNOUNCEMENTS COLORADO COURT OF APPEALS June 11, 2020

“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

2020COA89 Court of Appeals No. 17CA0042 Park County District Court No. 15JD20 Honorable Stephen A. Groome, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of D.F.A.E., Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VI Opinion by JUDGE DUNN

Richman and Yun, JJ., concur

-2- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

2020COA90 Court of Appeals No. 17CA0354 El Paso County District Court No. 16CR470 Honorable Gregory R. Werner, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Joel Market, Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE TERRY Freyre and Lipinsky, JJ., concur

2020COA91 Court of Appeals No. 17CA2237 Larimer County District Court No. 13CR1643 Honorable C. Michelle Brinegar, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Jarold Alan Mentzer, Defendant-Appellant.

JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE NAVARRO

Fox and Brown, JJ., concur

-3- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

2020COA92 Court of Appeals No. 18CA2025 El Paso County District Court No. 17CR1657 Honorable Jann P. DuBois, Judge

The People of the State of Colorado, Plaintiff-Appellant, v. Patrick Rau, Defendant-Appellee.

ORDER AFFIRMED

Division IV Opinion by JUDGE TERRY

Freyre and Lipinsky, JJ., concur

2020COA93 Court of Appeals No. 19CA0125 Eagle County District Court No. 16CV30322 Honorable Russell H. Granger, Judge Theodore Guy, Plaintiff-Appellant, v. Jacque Whitsitt, in her official capacity as a member of the Town Council and Mayor of the Town of Basalt, Colorado; Town Council of the Town of Basalt, Colorado, a home rule municipality; and Pam Schilling, in her official capacity as the Town Clerk and the Records Custodian for the Public Records of the Town of Basalt, Colorado, Defendants-Appellees.

JUDGMENT REVERSED IN PART, APPEAL DISMISSED IN PART, AND CASE REMANDED WITH DIRECTIONS

DIVISION I

Opinion by JUDGE DAILEY Harris and Johnson, JJ., concur

-4- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

2020COA94 Court of Appeals No. 19CA0759 Pueblo County District Court No. 18JA12 Honorable Gregory J. Styduhar, Judge

In re the Petition of M.M.V., Appellee, for the Adoption of D.D.R., a Child, and Concerning B.P.R., Appellant.

JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE PAWAR Furman and Welling, JJ., concur

2020COA95 Court of Appeals No. 19CA1277 El Paso County District Court No. 18JV514 Honorable Jill M. Brady, Judge The People of the State of Colorado and El Paso Child Support Services, Appellants, In the Interest of S.C., a Child, and Concerning R.D.C. III, Appellee.

ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by JUDGE BERGER

Pawar, J., concurs Bernard, C.J., dissents

-5- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

U N P U B L I S H E D O P I N I O N S Court of Appeals No. 16CA1761 Mesa County District Court No. 15CR1412

Honorable Richard T. Gurley, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Ronn Tice, Defendant-Appellant.

JUDGMENT AFFIRMED

Division I Opinion by JUDGE DAILEY

Harris and Johnson, JJ., concur

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

Court of Appeals No. 16CA2093 Pueblo County District Court No. 13CR1406 Honorable David W. Crockenberg, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Jerald Johnson, Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE FURMAN Berger and Grove, JJ., concur

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

-6- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 17CA0927 Jefferson County District Court No. 16CR1117 Honorable Laura A. Tighe, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Jamie Carlton Farnham, Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI Opinion by JUDGE RICHMAN Dunn and Yun, JJ., concur

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

Court of Appeals No. 17CA1324 Adams County District Court No. 13CR1869 Honorable C. Vincent Phelps, Judge Honorable Patrick T. Murphy, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Tracy Lea Vasseur, Defendant-Appellant.

ORDER AFFIRMED

Division I Opinion by JUDGE DAILEY

Harris and Johnson, JJ., concur

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

-7- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 17CA1906 Elbert County District Court No. 15CR67 Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Shawn Edward Geerdes, Defendant-Appellant.

JUDGMENT AFFIRMED

Division II Opinion by JUDGE PAWAR

Román and Tow, JJ., concur

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

Court of Appeals No. 17CA2353 Larimer County District Court No. 16CR1542 Honorable Julie Kunce Field, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Russell Irvin Jent, Defendant-Appellant.

JUDGMENT AFFIRMED

Division I Opinion by JUDGE DAILEY

Harris and Johnson, JJ., concur

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

-8- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 17CA2354 El Paso County District Court No. 16CR3618 Honorable Scott A. Sells, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Barry Lee Lawrence, Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE NAVARRO Fox and Brown, JJ., concur

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

Court of Appeals No. 18CA0334 Larimer County District Court No. 16CR380 Honorable Julie Kunce Field, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Chayce Aaron Anderson, Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI Opinion by JUDGE YUN

Richman and Dunn, JJ., concur

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

-9- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 18CA0806 Jefferson County District Court No. 09CR3291 Honorable Todd L. Vriesman, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Marcus Anthony Leyba, Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE DUNN Richman and Yun, JJ., concur

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

Court of Appeals No. 18CA0956 El Paso County District Court No. 17CR3340 Honorable Gregory R. Werner, Judge Honorable William T. Ruckriegle, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Jared Joseph Bonicelli, Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV Opinion by JUDGE FREYRE

Terry and Lipinsky, JJ., concur

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

-10- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 18CA1159 City and County of Denver District Court No. 84CR1810 Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Waldo Mackey, Defendant-Appellant.

ORDER AFFIRMED

Division II Opinion by JUDGE ROMÁN Tow and Pawar, JJ., concur

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

Court of Appeals No. 18CA1226 Adams County District Court No. 03CR515 Honorable Mark D. Warner, Judge The People of the State of Colorado, Plaintiff-Appellee, v. William Gardner Broach, III, Defendant-Appellant.

ORDER AFFIRMED

Division III Opinion by JUDGE GROVE

Furman and Berger, JJ., concur

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

-11- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 18CA1441 City and County of Denver District Court No. 13CR10212 Honorable Morris B. Hoffman, Judge

The People of the State of Colorado, Plaintiff-Appellant, v. Jesus Patricia Salas-Lucero, Defendant-Appellee.

ORDER AFFIRMED

Division IV Opinion by JUDGE LIPINSKY Terry and Freyre, JJ., concur

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

Court of Appeals No. 18CA1607 Adams County District Court No. 16CR2112 Honorable Thomas R. Ensor, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Tino Abel Quintana, Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE HARRIS Dailey and Johnson, JJ., concur

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

-12- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0270 Fremont County District Court No. 18CV32 Honorable Michael W. Meyrick, Magistrate

Charles H. Beckner, Plaintiff-Appellant, v. Anthony DeCesaro, in his official capacity as Grievance Officer, Defendant-Appellee.

JUDGMENT AFFIRMED

Division I Opinion by JUDGE JOHNSON Dailey and Harris, JJ., concur

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

Court of Appeals No. 19CA0403 City and County of Denver District Court No. 17CV32577 Honorable Elizabeth A. Starrs, Judge InnoMax Corporation, a Colorado corporation, Plaintiff-Appellee, v. Brandon C. Fry and Airbed Pros Inc., a Missouri general for-profit company, Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE FREYRE Terry and Lipinsky, JJ., concur

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

-13- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0543 City and County of Denver District Court No. 17CV34617 Honorable Michael A. Martinez, Judge

Colorado Union of Taxpayers Foundation and TABOR Committee, Plaintiffs-Appellants, v. City and County of Denver, Colorado, Defendant-Appellee.

JUDGMENT AFFIRMED

Division V Opinion by JUDGE J. JONES

Welling and Gomez, JJ., concur

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

Court of Appeals No. 19CA0550 Fremont County District Court No. 10CR107 Honorable Ramsey Lama, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Franklyn J. Whitlock, Defendant-Appellant.

ORDER AFFIRMED

Division VII Opinion by JUDGE NAVARRO Fox and Brown, JJ., concur

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

-14- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0605 Arapahoe County District Court No. 18DR1347 Honorable Eric B. White, Judge

In re the Marriage of Jinghua Zhang, Appellee, and Shuchun Li, Appellant.

JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE PAWAR Román and Tow, JJ., concur

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

Court of Appeals No. 19CA0654 City and County of Denver District Court No. 89CR1498 Honorable Edward D. Bronfin, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Ramon Ortiz-Salgado, Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE TOW Román and Pawar, JJ., concur

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

-15- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0737 El Paso County District Court No. 18CV238 Honorable Eric Bentley, Judge

David K. Jenner, Plaintiff-Appellant, v. Colorado Department of Corrections, Canteen Correctional Industries and Time Computation Departments, Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI Opinion by JUDGE RICHMAN Dunn and Yun, JJ., concur

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

Court of Appeals No. 19CA0746 Adams County District Court No. 18DR30297 Honorable Sean Finn, Judge In re the Marriage of Ryan William Kaminky, Appellee, and Kelsey Ann Kaminky, Appellant.

JUDGMENT AND ORDER AFFIRMED

Division VII

Opinion by JUDGE NAVARRO Fox and Brown, JJ., concur

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

-16- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0827 Teller County District Court No. 00CR178 Honorable Scott A. Sells, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Anthony Lolin Jimenez, Sr., Defendant-Appellant.

ORDER AFFIRMED

Division III Opinion by JUDGE GROVE

Furman and Berger, JJ., concur

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

Court of Appeals No. 19CA1031 El Paso County District Court No. 13CR3760 Honorable Robert L. Lowrey, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Kevin Michael Ridlehoover, Defendant-Appellant.

ORDER AFFIRMED

Division I Opinion by JUDGE HARRIS

Johnson and Vogt*, JJ., concur

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

-17- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA1407 El Paso County District Court No. 08CR1501 Honorable Jann P. Dubois, Judge

The People of the State of Colorado, Plaintiff-Appellee, v. Afrow Spade Stidham, Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE PAWAR Román and Tow, JJ., concur

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

Court of Appeals No. 19CA1833 Adams County District Court No. 18DR1876 Honorable Caryn A. Datz, Judge In re the Marriage of Riley Ace Shea, Appellee, and Sarah Esther Shea, Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE FOX Navarro and Brown, JJ., concur

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

-18- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA2211 Industrial Claim Appeals Office of the State of Colorado DD No. 42359-2019

Sandi L. Young, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Tan Your Hide II Inc., Respondents.

ORDER SET ASIDE AND CASE

REMANDED WITH DIRECTIONS

Division II Opinion by JUDGE PAWAR

Román and Tow, JJ., concur

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

Court of Appeals No. 19CA2366 Weld County District Court No. 19JV39 Honorable Vincente G. Vigil, Judge The People of the State of Colorado, Appellee, In the Interest of S.C., a Child, and Concerning C.L., Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE FREYRE

Terry and Lipinsky, JJ., concur

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

-19- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0169 Industrial Claim Appeals Office of the State of Colorado DD No. 57738-2019

Donovin J. Livesay, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Metal Products, LLC, Respondents.

ORDER AFFIRMED

Division IV Opinion by JUDGE LIPINSKY Terry and Freyre, JJ., concur

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

-20- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

P E T I T I O N S F O R R E H E A R I N G 2020COA64M Court of Appeals Nos. 16CA2157, 17CA2242, 18CA0346 & 18CA1094

In the Matter of Joanne Black, Protected Person, Appellee, and Guardian Ad Litem for Joanne Black, v. Bernard Steven Black, individually and as Trustee for the Supplemental Needs Trust for the Benefit of Joanne Black, and Samuel Black, as Co-Trustee for the Supplemental Needs Trust for the Benefit of Joanne Black, Appellants.

Opinion Modified and

Petition for Rehearing DENIED

Court of Appeals No. 19CA0335 Deborah Danko, Plaintiff-Appellant, v. David J. Conyers, M.D., Defendant-Appellee.

Petition for Rehearing DENIED

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

-21- ANNOUNCEMENTS

Colorado Court of Appeals June 11, 2020

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0382 JTC Holdings, LLC, a Colorado limited liability company,

Plaintiff-Appellant, v. Peter F. Gary, an individual and Florida citizen; Pinnacle Holdings Group, LLC, a Florida limited liability company; Pinnacle Advertising & Marketing Group, LLC, a Florida limited liability company; Pinnacle Advisory Management, LLC, a Florida limited liability company; and Pinnacle Digital, LLC, a Florida limited liability company, Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2019.