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Colorado Court of Appeals Opinions || February 15, 2001

Colorado Court of Appeals -- February 15, 2001
Announcement Sheet

P U B L I S H E D    O P I N I O N S

Court of Appeals No. 98CA0586

El Paso County District Court No. 97CV3315

Honorable Theresa M. Cisneros, Judge

Atmel Corporation, a California corporation,

Plaintiff-Appellee,

v.

Vitesse Semiconductor Corporation, a Delaware corporation, et al.,

Defendants-Appellants.

ORDERS AFFIRMED IN PART, REVERSED IN PART,

AND CAUSE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE METZGER

Davidson, J., concurs

Criswell*, J., specially concurs


Court of Appeals No. 98CA1099

El Paso County District Court No. 96CV2233

Honorable Theresa M. Cisneros, Judge

Carol Koscove,

Plaintiff-Appellee,

v.

Richard Bolte,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE NIETO

Casebolt and Dailey, JJ., concur


*Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1105, C.R.S. 2000.

Court of Appeals No. 98CA1904

City and County of Denver District Court No. 98CR636

Honorable Warren O. Martin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donielle Ball,

Defendant-Appellant.

JUDGMENT VACATED AND CAUSE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE RULAND

Davidson and Kapelke, JJ., concur


Court of Appeals No. 98CA2614

City and County of Denver District Court No. 98CR346

Honorable Richard T. Spriggs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Ellis, a/k/a James Wesley,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV

Opinion by JUDGE MARQUEZ

Taubman and Casebolt, JJ., concur


Court of Appeals No. 99CA0419

Boulder County District Court No. 98CR0714

Honorable Daniel C. Hale, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Gordon,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE DAILEY

Metzger and Vogt, JJ., concur


Court of Appeals No. 99CA0851

Jefferson County District Court No. 98CR2398

Honorable H. Jeffrey Bayless, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Jurado,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

AND CAUSE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE VOGT

Dailey and Erickson*, JJ., concur


*Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1105, C.R.S. 2000.

Court of Appeals No. 99CA0896

Larimer County District Court No. 98CR1149

Honorable William F. Dressel, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy L. Masters,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE CASEBOLT

Marquez and Taubman, JJ., concur


Court of Appeals No. 99CA1178

City and County of Denver District Court No. 98CR3885

Honorable H. Jeffrey Bayless, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael A. Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CAUSE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE NEY

Marquez and Ruland, JJ., concur


Court of Appeals No. 99CA1581

Arapahoe County District Court No. 93CV2526

Honorable Robert A. Behrman, Judge

Cissell Manufacturing Company,

Plaintiff-Appellee,

v.

Young Park, a/k/a Young D. Park, a/k/a Jim Park, jointly and severally, d/b/a Young's Equipment & Supplies,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE DAVIDSON

Ruland and Taubman, JJ., concur


Court of Appeals No. 99CA1728

Adams County District Court No. 96CV1409

Honorable C. Vincent Phelps, Judge

E-470 Public Highway Authority,

Petitioner-Appellant and Cross-Appellee,

v.

Jeanne Y. Jagow, Trustee,

Respondent-Appellee,

and

Stephen A. Hellerstein, Trustee, et al.,

Respondents-Appellees and Cross-Appellants.

ORDER AFFIRMED, JUDGMENT AFFIRMED

IN PART AND REVERSED IN PART,

AND CAUSE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE VOGT

Dailey and Erickson*, JJ., concur


 

*Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1105, C.R.S. 2000.

Court of Appeals No. 99CA1926

City and County of Denver District Court No. 97CV1768

Honorable Joseph E. Meyer, III, Judge

Honorable Warren O. Martin, Judge

Awanderlust Travel, Inc., a Colorado corporation d/b/a Towne & Country Travel,

Plaintiff-Appellee,

v.

Robert Kochevar, Jean Kochevar, and Kochevar Enterprises, Inc., a Colorado corporation,

Defendants-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CAUSE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE MARQUEZ

Ney and Ruland, JJ., concur


Court of Appeals No. 99CA1973

City and County of Denver District Court No. 99CR492

Honorable Larry J. Naves, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Amador A. Ramirez,

Defendant-Appellee.

JUDGMENT REVERSED AND CAUSE
REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE DAVIDSON

Erickson* and Kirshbaum*, JJ., concur


*Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1105, C.R.S. 2000.

Court of Appeals No. 99CA1995

El Paso County District Court No. 96CV1036

Honorable Richard V. Hall, Judge

Steven J. Potter,

Plaintiff-Appellant and Cross-Appellee,

v.

State Farm Mutual Automobile Insurance Company,

Defendant-Appellee and Cross-Appellant.

APPEAL AND CROSS-APPEAL DISMISSED

Division III

Opinion by JUDGE NEY

Marquez and Ruland, JJ., concur


Court of Appeals No. 99CA2015

City and County of Denver District Court No. 89CR2418

Honorable J. Stephen Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donnie E. Russell,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Plank and Jones, JJ., concur


Court of Appeals No. 99CA2245

Archuleta County District Court No. 99CR1

Honorable Gregory G. Lyman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephen G. Rester,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE NEY

Marquez and Nieto, JJ., concur


Court of Appeals No. 00CA0248

Rio Grande County District Court No. 98CV0059

Honorable O. John Kuenhold, Judge

Art Shaw,

Plaintiff-Appellee,

v.

Sargent School District No. RE-33-J, acting through its Board of Education, John H. McCormick, Shirley A. McCullough, Michael M. Mitchell, Bob Mattive, and Lee A. Wheeler,

Defendants-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART

AND CAUSE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE DAILEY

Metzger and Vogt, JJ., concur


Court of Appeals No. 00CA0270

City and County of Denver District Court No. 98CV6359

Honorable William G. Meyer, Judge

Richard A. Schmidt, M.D.,

Plaintiff-Appellee,

v.

Alden H. Harken, M.D., and John Whitesel, M.D.,

Defendants-Appellants.

JUDGMENT REVERSED AND CAUSE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Plank and Jones, JJ. concur


Court of Appeals No. 00CA1322

Fremont County District Court No. 99CV177

Honorable John Anderson, Judge

Benjamin Davis,

Plaintiff-Appellant,

v.

Lt. S. Paolino and the Colorado Department of Corrections,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CAUSE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Plank and Jones, 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. 98CA1623

Huerfano County District Court No. 97CR89

Honorable Claude W. Appel, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sandra Pineda,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE PIERCE*

Metzger and Plank, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 98CA2447

City and County of Denver District Court No. 97CR3789

Honorable Richard T. Spriggs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Mask,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE DAILEY

Metzger and Vogt, JJ., concur

NOT SELECTED FOR PUBLICATION


*Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1105, C.R.S. 2000.

 

Court of Appeals No. 99CA0850

Prowers County District Court No. 98CR50

Honorable Norman L. Arends, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Delarosa,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE NIETO

Ney and Marquez, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA1189

Eagle County District Court No. 93CV303

Honorable Richard H. Hart, Judge

Darlene Borstad,

Plaintiff-Appellant,

v.

Reinhilde A. Burns,

Defendant-Appellee.

ORDER AFFIRMED AND CAUSE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE JONES

Plank and Casebolt, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 99CA1196

Douglas County District Court No. 94CR8

Honorable Scott W. Lawrence, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Norvelle,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CAUSE
REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE JONES

Plank and Casebolt, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA1234

Jefferson County District Court No. 98CR3019

Honorable James D. Zimmerman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaac L. Wheeler,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CAUSE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE VOGT

Metzger and Dailey, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 99CA1428

City and County of Denver District Court No. 97CV764

Honorable R. Michael Mullins, Judge

Alexandra Butler and Richard Butler,

Plaintiffs-Appellees,

v.

Four Seasons Awning & Patio Company, a Colorado corporation, d/b/a Four Seasons Awning & Patio, Inc.,

Defendant-Appellant.

ORDER REVERSED AND CAUSE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE VOGT

Metzger and Dailey, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA1599

City and County of Denver District Court No. 98CR2328

Honorable Donald W. Marshall, Jr., Judge

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rhondalyn Ellis,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE VOGT

Hume, C.J., and Metzger, J., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 99CA1612

Adams County District Court No. 98CR2712

Honorable John J. Vigil, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lisa Marie Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by CHIEF JUDGE HUME

Metzger and Vogt, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA1733

Arapahoe County District Court No. 94CV2858

Honorable John P. Leopold, Judge

Teresa Stone,

Plaintiff-Appellee,

v.

Kmart Corporation, a Michigan corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE TAUBMAN

Rothenberg and Roy, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 99CA1885

City and County of Denver District Court No. 94CR940

Honorable Edward A. Simons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy LaMonte Fields,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE ROY

Rothenberg and Taubman, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 99CA2139

Larimer County District Court No. 99CV325

Honorable John-David Sullivan, Judge

Linda L. Thayer and Leslie M. Thayer,

Plaintiffs-Appellants,

v.

Jennifer T. Sims and David J. Sims,

Defendants-Appellees.

JUDGMENT REVERSED AND CAUSE
REMANDED WITH DIRECTIONS

Division A

Opinion by JUDGE CRISWELL*

Dailey and Pierce*, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA2311

Mesa County District Court No. 98CR0529

Honorable Nicholas R. Massaro, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffery S. Northcutt,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE NIETO

Ney and Marquez, JJ., concur

NOT SELECTED FOR PUBLICATION


*Sitting by assignment of the Chief Judge under the provisions of the Colo. Const. art. VI, Sec. 5(3), and §24-51-1005, C.R.S. 2000.

 

 

Court of Appeals No. 99CA2503

Weld County District Court No. 98CV700

Honorable William L. West, Judge

Richard Castle,

Plaintiff-Appellant,

v.

Town of Johnstown, et al.,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE METZGER

Vogt and Dailey, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA2553

El Paso County District Court No. 97CV380

Honorable Richard V. Hall, Judge

Tracy Martinez Thatcher,

Plaintiff-Appellee and Cross-Appellant,

v.

Brent A. Johnson, individually, Noffsinger Manufacturing Company, Inc., a Colorado corporation, a/k/a Noffsinger Ranches, and Noffsinger Farms,

Defendants-Appellants and Cross-Appellees.

APPEAL DISMISSED

Division III

Opinion by JUDGE NEY

Hume, C.J., and Nieto, J., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 00CA0097

Adams County District Court No. 98CR2648

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James M. Krenzer,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE ROTHENBERG

Taubman and Roy, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA0112

Las Animas County District Court No. 99CR0098

Honorable Jesse Manzanares, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard L. Gurule,

Defendant-Appellant.

JUDGMENT REVERSED AND CAUSE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE MARQUEZ

Ney and Nieto, JJ., concur

NOT SELECTED FOR PUBLICATION


 

 

Court of Appeals No. 00CA0226

Jefferson County District Court Nos. 97CR550 & 97CR1657

Honorable Frank Plaut, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Beau B. Cockcroft,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE ROY

Rothenberg and Taubman, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA0549

Pueblo County District Court No. 00MH60

Honorable David A. Cole, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of Melvin L. Bomprezzi,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE ROTHENBERG

Taubman and Roy, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 00CA0803

El Paso County District Court No. 98JV2027

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

In the Interest of G.D., a Child,

Upon the Petition of the El Paso County Department of Human Services,

Petitioner-Appellee,

and Concerning E.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Plank and Jones, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA0841

City and County of Denver Juvenile Court No. 95JV1830

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

In the Interest of D.A., a Child,

Upon the Petition of the Denver County Department of Human Services,

Petitioner-Appellee,

and Concerning D.F.A.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE RULAND

Davidson and Kapelke, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA0914

El Paso County District Court No. 97JV1107

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

In the Interest of C.J.A., a Child,

Upon the Petition of El Paso County Department of Human Services,

Petitioner-Appellee,

and Concerning A.A.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE JONES

Plank and Casebolt, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA0934

El Paso County District Court No. 98JV766

Honorable D. Richard Toth, Judge

The People of the State of Colorado,

In the Interest of D.P., a Child,

Upon the Petition of the El Paso County Department of Human Services,

Petitioner-Appellee,

and Concerning D.P.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE KAPELKE

Davidson and Ruland, JJ., concur

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 00CA0945

Jefferson County District Court No. 98JV1554

Honorable James D. Zimmerman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.C.B. and C.A.F., Children,

and Concerning S.A.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE PLANK

Jones and Casebolt, JJ., concur

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 00CA1391

Industrial Claim Appeals Office of the State of Colorado

DD No. 1218-2000

Juana Garcia Tinajero,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Hyatt Corporation, Hyatt Regency,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE DAVIDSON

Ruland and Kapelke, JJ., concur

NOT SELECTED FOR PUBLICATION


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. 96CA2065

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Littlejohn,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 98CA2214

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daryl C. Ziglar,

Defendant-Appellant.

Petitions for Rehearing DENIED

NOT SELECTED FOR PUBLICATION


 

Court of Appeals No. 98CA2269

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles F. Bochy,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA1179

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Earl Dixon,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 99CA1426

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David S. Botkin,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT SELECTED FOR PUBLICATION


 

 

Court of Appeals No. 99CA1742

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shirley E. Hedstrom,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT SELECTED FOR PUBLICATION


Court of Appeals No. 99CA2516

Stacey Balcom,

Plaintiff-Appellant,

v.

City of Boulder,

Defendant-Appellee.

Petition for Rehearing DENIED

NOT SELECTED FOR PUBLICATION

These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.

Colorado Court of Appeals Opinions || February 15, 2001

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