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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