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Colorado Court of Appeals Opinions || April 9, 2009

Colorado Court of Appeals -- April 9, 2009
Announcement Sheet

U N P U B L I S H E D  O P I N I O N S

Court of Appeals No.: 06CA0965
City and County of Denver District Court No. 05CR2028
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ray Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by: CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur

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


Court of Appeals No.: 06CA1023
Arapahoe County District Court No. 04CR652
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shannon Kay Gonser, n/k/a Shannon Nelson,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by: JUDGE RUSSEL
J. Jones and Gabriel, JJ., concur

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


Court of Appeals No.: 06CA1734
City and County of Denver District Court No. 05CR5264
Honorable Herbert L. Stern, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin John Lell,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART

Division VII
Opinion by: JUDGE J. JONES
Russel and Gabriel, JJ., concur

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


Court of Appeals No.: 06CA2157
El Paso County District Court No. 03CR2182
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lamont Ray Banks,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Terry, JJ., concur

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


Court of Appeals No.: 07CA0834
Mesa County District Court No. 06CR209
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Swearingen,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by: JUDGE NEY*
Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No.: 07CA1351
Weld County District Court No. 06CR2242
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Corey Dwayne Burch,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by: JUDGE NIETO*
Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No.: 07CA1854
Eagle County District Court No. 02CV608
Honorable Frederick W. Gannett, Judge

Dawn Horner,

Plaintiff-Appellant,

v.

Fleet Fueling of the Rockies, LLC,

Intervenor-Appellee.

ORDER AFFIRMED

Division I
Opinion by: JUDGE LICHTENSTEIN
Richman and Ney*, JJ., concur

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


Court of Appeals No.: 07CA2066
Adams County District Court No. 06CR1829
Honorable C. Scott Crabtree, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Loren Harrison,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by: JUDGE RUSSEL
J. Jones and Gabriel, JJ., concur

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


Court of Appeals No.: 07CA2433
Chaffee County District Court No. 07CV105
Honorable Charles M. Barton, Judge

Rico Jose Sanchez,

Plaintiff-Appellant,

v.

Warden of the Buena Vista Correctional Facility,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II
Opinion by: JUDGE ROY
Casebolt and Connelly, JJ., concur

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


Court of Appeals No.: 08CA0064
Boulder County District Court No. 06PR539
Honorable Morris W. Sandstead, Judge

In the Matter of the Estate of Dolores Liscum, Ward and Protected Person,

and

Anita Liscum,

Appellant,

v.

Regina Brooks, Co-Trustee and Guardian of Dolores Liscum,

Petitioner-Appellee.

ORDER AFFIRMED

Division VII
Opinion by: JUDGE GABRIEL
Russel and J. Jones, JJ., concur

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


Court of Appeals No.: 08CA0084
Pueblo County District Court No. 07CR910
Honorable David A. Cole, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Ray Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by: JUDGE GABRIEL
Russel and J. Jones, JJ., concur

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


Court of Appeals No.: 08CA0102
Arapahoe County District Court No. 04CR134
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Borland,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by: JUDGE RICHMAN
Webb and Furman, JJ., concur

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


Court of Appeals No.: 08CA0404
City and County of Denver District Court No. 03CR3869
Honorable John W. Madden, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Glen Hobley,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by: JUDGE J. JONES
Russel and Gabriel, JJ., concur

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


Court of Appeals No.: 08CA0588
El Paso County District Court No. 06CV2900
Honorable David S. Prince, Judge

Thomas DiGregorio; Craft Retailers, Inc., a Colorado corporation; and Commercial Development Company, a Colorado corporation,

Plaintiffs-Appellants,

v.

Kathleen M. Guadagnoli and Sam Guadagnoli,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division II
Opinion by: JUDGE CARPARELLI
Taubman and Connelly, JJ., concur

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


Court of Appeals No.: 08CA0748
City and County of Denver District Court No. 06CV3090
Honorable Michael A. Martinez, Judge

TDG Cook, Ltd., a Colorado limited partnership; and JL Cook Company, Ltd., a Colorado limited partnership,

Plaintiffs-Appellees and Cross-Appellants,

v.

Robert E. Cook,

Defendant-Appellant and Cross-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by: JUDGE TAUBMAN
Lichtenstein and Criswell*, JJ., concur

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


 Court of Appeals No.: 08CA0758
Industrial Claim Appeals Office of the State of Colorado
DD No. 17871-2007

Robert R. Snyder,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,

Respondents.

ORDER AFFIRMED

Division I
Opinion by: JUDGE TAUBMAN
Lichtenstein and Ruland*, JJ., concur

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


Court of Appeals No.: 08CA0850
Jefferson County District Court No. 93CR212
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mary Kay Condit, f/k/a Paul L. Condit,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Taubman, Casebolt, and Loeb, JJ.
PER CURIAM

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


Court of Appeals No.: 08CA0909
Boulder County District Court No. 04CV832
Honorable D.D. Mallard, Judge

Kevin Huber,

Plaintiff-Appellant,

v.

Intrado, Inc.,

Defendant-Appellee.

ORDER VACATED

Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Kapelke*, JJ., concur

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


Court of Appeals No.: 08CA0926
City and County of Denver District Court No. 07CV8451
Honorable Herbert L. Stern, III, Judge

Thoro Products Company,

Plaintiff-Appellant,

v.

Colorado Department of Public Health and Environment; Honorable Robert N. Spencer, in his official capacity; and State of Colorado Office of Administrative Courts,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV
Opinion by: CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur

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


 Court of Appeals No.: 08CA1076
Garfield County District Court No. 07CR583
Honorable Denise K. Lynch, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Michael Bishop,

Defendant-Appellee.

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

Division III
Opinion by: JUDGE DAILEY
Loeb and Miller, JJ., concur

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


Court of Appeals No.: 08CA1125
Boulder County District Court No. 06CV461
Honorable Morris W. Sandstead, Judge

Gunda S. Ofengand,

Plaintiff-Appellant,

v.

Leah Regulinski,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by: JUDGE LOEB
Dailey and Miller, JJ., concur

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


Court of Appeals No.: 08CA1254
Colorado State Board of Medical Examiners
ME NO. 2007-0003

Dr. Gary McKinney,

Petitioner,

v.

Colorado State Board of Medical Examiners,

Respondent.

ORDER AFFIRMED

Division VII
Opinion by: JUDGE J. JONES
Russel and Gabriel, JJ., concur

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


Court of Appeals No.: 08CA1303
City and County of Denver District Court No. 77DR68588
Honorable J. Stephen Phillips, Judge

In re the Marriage of

Carolyn Smith Smith,

Appellee,

and

Thomas Sidney Smith,

Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by: JUDGE GABRIEL
Russel and J. Jones, JJ., concur

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


Court of Appeals No.: 08CA1530
Conejos County District Court No. 06CV34
Honorable Pattie P. Swift, Judge

M.W. Ranch, Inc.,

Plaintiff-Appellee,

v.

Daniel A. Bond, d/b/a LX Bar Ranch,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by: JUDGE CONNELLY
Casebolt and Roy, JJ., concur

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


Court of Appeals No.: 08CA2317
Weld County District Court No. 02CR343
Honorable J. Robert Lowenbach, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott Geyer,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division B
Taubman, Casebolt, and Loeb, JJ.
PER CURIAM

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


Court of Appeals No.: 08CA2344
Kit Carson County District Court No. 06JV19
Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M. and T.B., Children,

and Concerning R.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by: JUDGE BERNARD
Graham and Booras, JJ., concur

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


Court of Appeals No.: 08CA2355
Denver Juvenile Court No. 07JV1743
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

In the Interest of S.A.A. and N.R.H., Children,

Upon the Petition of the Denver Department of Human Services,

Petitioner-Appellee,

and Concerning C.C.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by: JUDGE BOORAS
Graham and Bernard, JJ., concur

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


Court of Appeals No.: 09CA0044
Adams County District Court No. 07JV354
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.V.Z. and J.V.Z., Children,

and Concerning D.V.E.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Hawthorne and Terry, JJ., concur

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


Court of Appeals No.: 09CA0050
Mesa County District Court No. 07JV421
Honorable Richard T. Gurley, Judge

The People and the State of Colorado,

Petitioner-Appellee,

In the Interest of H.B. and A.B., Children,

and Concerning K.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by: JUDGE HAWTHORNE
Carparelli and Terry, JJ., concur

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


Court of Appeals No.: 09CA0107
Adams County District Court No. 07JV399
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.F. and K.F., Children,

and Concerning L.F.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by: JUDGE TERRY
Carparelli and Hawthorne, JJ., concur

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.: 07CA0489

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrel Alan Hyberg, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.: 07CA0616

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Hogan,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.: 07CA0910

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Lee Johnson,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No.: 07CA0970

Thomas Kelly,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Western Eagle County Ambulance District, and Pinnacol Assurance,

Respondents.

Petition for Rehearing DENIED


 Court of Appeals No.: 07CA1317

New Horizons Electric, Inc.; Rakhra Mushroom Farm Corporation; Don Clair; New Concepts Realty, Inc.; Charles E. Blood; Pare Surgical, Inc.; MM Whaley, Inc., d/b/a Service Master of Downtown; Business Service Systems; Karen Marquez; SQV Technologies, Inc.; and Harold Lavern Sullivan,

Plaintiffs-Appellants,

v.

IFC Credit Corporation, a/k/a IFC Credit Corporation; Popular Leasing USA, Inc.; Studebaker-Worthington Leasing Corporation; Wells Fargo Financial Leasing, Inc.; National City Commercial Capital Corporation d/b/a Information Leasing Corporation; and Sterling National Bank,

Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No.: 07CA2179

In re the Marriage of

Glenn Galbraith,

Appellant,

and

Jeanny Galbraith, a/k/a Jeanny Sopacua,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0122

Rosita Lopez and Rachelle Lopez,

Plaintiffs-Appellants,

v.

Hall & Evans, LLC and David J. Margrave, Esq.,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0276

Amy Chandler,

Plaintiff-Appellant,

v.

Riverwalk at Edwards Property Owners Association, Inc.,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0542

Amy Chandler,

Plaintiff-Appellant,

v.

Riverwalk at Edwards Property Owners Association, Inc.,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0577

Cedric Vintonio Martin,

Plaintiff-Appellant,

v.

Warden of the Fremont Correctional Facility,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0603

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Scot Troke,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA0851

In re the Marriage of

Faith A. Santistevan Mefford,

Appellant,

and

Fermin J. Santistevan,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA1335

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew A. Burry,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA1692

Bulto Bena,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Hertz Corporation and AIG c/o Specialty Risk Services,

Respondents.

Petition for Rehearing DENIED

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


Court of Appeals No.: 08CA2109

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning V.E.C.,

Respondent-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. 2008.

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 || April 9, 2009

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