-1- ANNOUNCEMENTS Colorado Court of Appeals October 30, 2014 › ... › 2014 ›...
Transcript of -1- ANNOUNCEMENTS Colorado Court of Appeals October 30, 2014 › ... › 2014 ›...
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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ANNOUNCEMENTS
COLORADO COURT OF APPEALS October 30, 2014
“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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA2148 Arapahoe County District Court No. 07CR350
Honorable John L. Wheeler, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Andrew Cottrell Draper,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AND ORDER
REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division V Opinion by JUDGE ASHBY
Hawthorne and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 10CA1281
El Paso County District Court No. 09CR2378 Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Bill Joe Brooks,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1219 City and County of Denver District Court No. 08CR3121
Honorable R. Michael Mullins, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darrel Tyrone Guice,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD Fox and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 11CA1961
Arapahoe County District Court No. 10CR1647 Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Dylan Lamar Hazelwood,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II Opinion by JUDGE PLANK*
Casebolt and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0264 City and County of Denver District Court No. 03CR1820
Honorable Kenneth M. Laff, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronnie Rucker, Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 12CA0708
El Paso County District Court No. 09CR1276 Honorable Tim J. Schutz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Kynan Scott Arnold,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE J. JONES
Miller and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0790
El Paso County District Court No. 10CR4530 Honorable William B. Bain, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Gejuan Levar Lancaster,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB Furman and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 12CA1211
Jefferson County District Court No. 11CR2165 Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Kelly Ann Zink,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE GRAHAM
Booras and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1820
Jefferson County District Court No. 10CR3085 Honorable Christopher C. Zenisek, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Sauro Enoc Pisqui,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division V Opinion by JUDGE BOORAS
Graham and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 12CA2031
Adams County District Court No. 97CR1240 Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Peter Matthew Compton,
Defendant-Appellant.
ORDER AFFIRMED
Division VII Opinion by JUDGE J. JONES Berger and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2630 Boulder County District Court No. 07CR787
Honorable D.D. Mallard, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Michael Shervanick, Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA0402
Weld County District Court No. 11CR1276 Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Samuel Sanchez-Brito,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division I Opinion by JUDGE TAUBMAN
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0426 Weld County District Court No. 12CR332
Honorable Thomas J. Quammen, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Anthony Rios, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE MÁRQUEZ*
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA0956
Boulder County District Court No. 11CR947 Honorable Thomas F. Mulvahill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Austin Slattery Veith,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE VOGT*
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1109
City and County of Broomfield District Court No. 10DR20 Honorable Patrick T. Murphy, Judge
In re the Marriage of
Mark Peterson, Appellant and Cross-Appellee,
and
Jill Destefano,
Appellee and Cross-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1194
Mesa County District Court No. 12CR689 Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Echo Marne Kurr,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VI Opinion by JUDGE BERNARD Fox and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1258 Arapahoe County District Court No. 99CR826
Honorable Kurt A. Horton, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terence Dotry Smith, Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1267
El Paso County District Court No. 09CR2513 Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Jamil Andre Hopper,
Defendant-Appellant.
ORDER AFFIRMED
Division VI Opinion by JUDGE FOX
Bernard and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1279 Boulder County District Court Nos. 12PR329 & 12PR905
Honorable Ingrid S. Bakke, Judge In re the Estate of Meredith N. Runner, a/k/a Meredith Runner, a/k/a
Meredith Noftzger Runner, deceased.
Marilyn N. Runner, as Personal Representative and Successor Trustee, Petitioner-Appellant,
v.
Carol M. Hol,
Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1709
Boulder County District Court No. 11CV1393 Honorable Andrew R. Macdonald, Judge
Heidi Rodgers,
Plaintiff-Appellant and Cross-Appellee,
v. Lindasue Smollen and Lindasue Smollen, LLC,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AND ORDERS AFFIRMED
Division VII Opinion by JUDGE LICHTENSTEIN
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1724 Arapahoe County District Court No. 12DR2318
Honorable Carlos A. Samour, Jr., Judge In re the Marriage of
Laura Matthews,
Appellee,
and Vincent M. Serniak,
Appellant.
JUDGMENT AFFIRMED
Division II Opinion by CHIEF JUDGE LOEB
Nieto* and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1787
Larimer County District Court No. 12CV1003 Honorable Gregory M. Lammons, Judge
Security Services, Limited; and Investments in Allied Mortgage, LLC,
Plaintiffs-Appellees,
v. Keith J. Gilmartin,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED IN PART AND REVERSED IN PART
Division V
Opinion by JUDGE GRAHAM
Booras and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1804
El Paso County District Court No. 89CR3422 Honorable David L. Shakes, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Edgar B. Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE NAVARRO Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1963
Jefferson County District Court No. 12CV4635 Honorable Christie B. Phillips, Judge
Carolyn Montoya,
Plaintiff-Appellant,
v. Realty One, Inc. and Glen Ridge Square Condominium Association,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE TAUBMAN
Terry and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA1994
City and County of Denver District Court No. 13CR2784 Honorable John W. Madden IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Spencer Marie Allen,
Defendant,
and
Frank B. Ficarra, Surety-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 13CA2062
City and County of Broomfield District Court No. 13CV30055 Honorable Patrick T. Murphy, Judge
Alex Terranova and Frederick Terranova,
Plaintiffs-Appellants,
v. Adams 12 Five Star School District; and Tyrone Giordano, Ed Hartnett, Cathy
Nolan, Lee Peters, and Chris Gdowski, in their individual capacities, Defendants-Appellees.
JUDGMENT AFFIRMED, ORDER AFFIRMED IN PART AND REVERSED IN
PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2181 City and County of Denver District Court No. 91CR2236 Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. James Rudnick,
Defendant-Appellant.
APPEAL DISMISSED
Division VI Opinion by JUDGE PLANK*
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 14CA0257
Fremont County District Court No. 13CR248 Honorable Patrick W. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v. Casey M. Myers,
Defendant-Appellee.
ORDER AFFIRMED
Division III Opinion by JUDGE MILLER
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0264 Weld County District Court No. 13JA59
Honorable Marcelo A. Kopcow, Judge In re the Petition of R.S. and H.S.,
Petitioners-Appellees,
for the Adoption of L.R.C., a Child,
and Concerning A.R.C., Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Booras and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 14CA0368
Weld County District Court No. 13JA60 Honorable Marcelo A. Kopcow, Judge
In re the Petition of R.S. and H.S.,
Petitioners-Appellees,
for the Adoption of L.F.C., a Child and Concerning A.R.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE BOORAS
Graham and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0817 Industrial Claim Appeals Office of the State of Colorado
DD No. 3484-2014 Melissa Hamilton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kaiser Foundation Health Plan,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE ASHBY Hawthorne and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 14CA0894
Industrial Claim Appeals Office of the State of Colorado DD No. 3801-2014
Patricia A. Shepard,
Petitioner,
v. Industrial Claim Appeals Office of the State of Colorado; and Hospital Shared
Services, Inc., Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE NIETO*
Loeb, C.J., and Roy*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0897
Industrial Claim Appeals Office of the State of Colorado DD No. 3197-2014
JAAM Concepts, Inc., Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Stacey L. Ankney,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE ROY* Loeb, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 14CA1145
Mesa County District Court No. 12JV337 Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.A.K., a Child, and Concerning T.K.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE KAPELKE*
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1276 El Paso County District Court No. 12JV2259
Honorable G. David Miller, Judge The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.S., Child,
and Concerning J.S. III, and M.P., Respondents-Appellants.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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Court of Appeals No. 14CA1292
El Paso County District Court No. 13JV1017 Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.S., a Child, and Concerning J.S. III and M.P.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE RICHMAN
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1590 Mesa County District Court No. 14MH434
Honorable Brian J. Flynn, Judge The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Taylor Joseph Gardarian,
Respondent-Appellant.
ORDER REVERSED
Division V
Opinion by JUDGE LICHTENSTEIN Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals October 30, 2014
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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. 12CA1593
The People of the State of Colorado,
Plaintiff-Appellee,
v. Vincent Scott Mathews,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0906
In re the Marriage of
Patricia Marie Lucero-Blaikie,
Appellee, and
Gordon John Blaikie,
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. 2014.