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Colorado Court of Appeals Opinions || November 19, 2009

Colorado Court of Appeals -- November 19, 2009
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 06CA1368

Jefferson County District Court No. 89CR664

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Yeazel,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE WEBB

Román and Bernard, JJ., concur

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


Court of Appeals No. 06CA1613

City and County of Denver District Court No. 05CR674

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jonathan Nathaniel Estes,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division III

Opinion by JUDGE MILLER

Roy and Furman, JJ., concur

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


Court of Appeals No. 06CA2231

City and County of Denver District Court No. 04CR3738

Honorable Christina M. Habas, Judge

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Benevidez,

Defendant-Appellant.

JUDGMENT AFFIRMED, ORDER VACATED,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE MILLER

Roy and Furman, JJ., concur

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


Court of Appeals No. 07CA0186

City and County of Denver District Court No. 05CR3972

Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur J. Lomax,

Defendant-Appellant.

Judgment affirmed in part

AND vacated in part

Division III

Opinion by JUDGE ROY

Furman and Miller, JJ., concur

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


Court of Appeals No. 07CA0562

City and County of Denver District Court No. 04CR4880

Honorable Herbert L. Stern, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael DiPentino,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Gabriel and Connelly, JJ., concur

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


Court of Appeals No. 07CA0841

Douglas County District Court No. 96DR151

Honorable Angela R. Arkin, Judge

In re the Marriage of

Susan M. Kroll,

Appellee,

and

Leonard J. Kroll,

Appellant.

ORDERS AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROY

Furman and Miller, JJ., concur

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


Court of Appeals No. 07CA2116

Larimer County District Court No. 05CR2011

Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Zapp,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division V

Opinion by JUDGE CONNELLY

Graham and Gabriel, JJ., concur

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


Court of Appeals No. 07CA2203

Teller County District Court No. 06CR84

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theodore R. Wagner,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by CHIEF JUDGE DAVIDSON

Sternberg * and Ney*, JJ., concur

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


Court of Appeals No. 07CA2206

Arapahoe County District Court No. 05CR6040

Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Candy Ra Coppinger,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FURMAN

Roy and Miller, JJ., concur

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


Court of Appeals No. 07CA2413

City and County of Denver District Court No. 06CR3968

Honorable Morris B. Hoffman, Judge

Honorable Thomas Woodford, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicholas Steven Cutshall,

Defendant-Appellant.

Judgment Affirmed

Division III

Opinion by JUDGE ROY

Furman and Miller, JJ., concur

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


Court of Appeals No. 07CA2470

City and County of Denver District Court No. 04CR4270

Honorable John W. Madden, Judge

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward L. Rodriguez,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Gabriel and Connelly, JJ., concur

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


Court of Appeals No. 08CA0061

Douglas County District Court No. 96DR151

Honorable Angela R. Arkin, Judge

In re the Marriage of

Susan M. Kroll,

Appellee,

and

Leonard J. Kroll,

Appellant.

ORDERS AFFIRMED

Division III

Opinion by JUDGE ROY

Furman and Miller, JJ., concur

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


Court of Appeals No. 08CA0186

Adams County District Court No. 06CR2464

Honorable Thomas R. Ensor, Judge

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Riley Olson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE MILLER

Roy, J., concurs

Furman, J., specially concurs

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


Court of Appeals No. 08CA0331

Mesa County District Court No. 07CR31

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Gilbert Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Román and Bernard, JJ., concur

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


Court of Appeals No. 08CA0386

Adams County District Court No. 06CR2143

Honorable Edward C. Moss, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willie Joe Losa,

Defendant-Appellant.

Sentence Affirmed

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 08CA1026

Weld County District Court No. 07CR971

Honorable James Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ramon Hetzel,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Gabriel and Connelly, JJ., concur

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


Court of Appeals No. 08CA1327

Jefferson County District Court No. 07CR85

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Derrick Kyle Coffman,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Terry and J. Jones, JJ., concur

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


Court of Appeals No. 08CA1694

City and County of Denver District Court No. 00CV996

Honorable Joseph E. Meyer, III, Judge

Honorable Gloria A. Rivera, Judge

Arkansas Oklahoma Gas Corporation,

Third-Party Plaintiff-Appellee,

v.

Marathon Oil Company, as successor to Texas Oil and Gas Corporation,

Third-Party Defendant-Appellant.

JUDGMENTS AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Booras and Criswell*, JJ., concur

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


Court of Appeals No. 08CA1791

Adams County District Court No. 03CR1017

Honorable Edward C. Moss, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus E. Rivera,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE GABRIEL

Graham and Connelly, JJ., concur

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


Court of Appeals No. 08CA2045

Adams County District Court No. 06CV1182

Honorable John Bryan, Judge

Northglenn, LLC, a Colorado limited liability company,

Third-Party Plaintiff-Appellant,

v.

Carol Constable, f/k/a Carol Graham, d/b/a Flowers n’ Roses,

Third-Party Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE MILLER

Roy and Furman, JJ., concur

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


Court of Appeals Nos. 08CA2070 & 09CA0084

Eagle County District Court No. 04CV584

Honorable Frederick W. Gannett, Judge

Saltire Development, Inc., a Colorado corporation,

Plaintiff-Appellant and Cross-Appellee,

and

Gordon Blaikie,

Cross-Appellee,

v.

Margo M. Hields and Paul W.R. Hields,

Defendants-Appellees and Cross-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE BERNARD

Webb and Román, JJ., concur

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


Court of Appeals No. 08CA2172

Douglas County District Court No. 03DR14

Honorable Richard B. Caschette, Judge

In re the Marriage of

Christine McCormick, n/k/a Christine Fritschen,

Appellee,

and

Robert A. McCormick,

Appellant.

ORDER vacated in part and CASE

remanded with direction

Division III

Opinion by JUDGE ROY

Furman and Miller, JJ., concur

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


Court of Appeals No. 08CA2209

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-648-693

Patrick Youngs,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, White Moving and Storage, Inc., and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Loeb and Lichtenstein, JJ., concur

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


Court of Appeals No. 08CA2385

Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors No. EN 2008-0004

Denley Kester,

Respondent-Appellant,

v.

Board of Engineers and Land Surveyors and Administrative Courts, State of Colorado,

Petitioners-Appellees.

ORDER AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Dailey, JJ., concur

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


Court of Appeals No. 08CA2421

San Miguel County District Court No. 07CV3

Honorable James Schum, Judge

Richard Bedor,

Plaintiff-Appellant,

v.

Michael E. Johnson,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Gabriel and Connelly, JJ., concur

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


Court of Appeals No. 08CA2438

Adams County District Court No. 08CR1945

Honorable Robert S. Doyle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alonzo Ponce-Jiminez,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 08CA2663

City and County of Denver District Court No. 98CR181

Honorable Shelly I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone L. Walker,

Defendant-Appellant.

APPEAL DISMISSED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 09CA0357

Jefferson County District Court No. 06CR4275

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonette Victoria Manzanares,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE DAILEY

Taubman and Booras, JJ., concur

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


Court of Appeals No. 09CA0521

El Paso County District Court No. 01CR2778

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Sater,

Defendant-Appellant.

Order Affirmed

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 09CA0643

Fremont County District Court No. 90CR26

Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raul Permuy Calderon,

Defendant-Appellant.

ORDER AFFIRMED

Division A

Opinion by JUDGE PLANK*

Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No. 09CA0890

El Paso County District Court No. 03CR1801

Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio M. Bethea,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 09CA0995

La Plata County District Court No. 99CR300

Honorable Jeffrey R. Wilson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Daniel Lillie,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


Court of Appeals No. 09CA1029

City and County of Denver District Court No. 00CR2389

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shay Martin,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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


 Court of Appeals No. 09CA1145

Teller County District Court No. 07JV53

Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.G. and H.G., Children,

and Concerning K.G. and M.G.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Dailey, JJ., concur

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


Court of Appeals No. 09CA1328

Industrial Claim Appeals Office of the State of Colorado

DD No. 8975-2009

Claudia D. Serocki,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Alterra Healthcare Corporation,

Respondents.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

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


Court of Appeals No. 09CA1471

Clear Creek County District Court No. 08JV17

Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning G.M.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FURMAN

Roy and Miller, JJ., concur

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


Court of Appeals No. 09CA1571

Industrial Claim Appeals Office of the State of Colorado

DD No. 13412-2009

Crystal M. Stevenson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Transfirst Holdings, Inc.,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE MILLER

Roy and Furman, JJ., concur

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


 Court of Appeals No. 09CA1639

Industrial Claim Appeals Office of the State of Colorado

DD No. 1425-2009

Steven P. Haines,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Maverick Press Printing & Graphics,

Respondents.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Nieto*, JJ., concurNOT PUBLISHED PURSUANT TO C.A.R. 35(f)


 PETITIONS FOR REHEARING

Court of Appeals No. 06CA1560

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricardo Lemar Samuels,

Defendant-Appellant.

Petition for Rehearing DENIED


 Court of Appeals No. 06CA1853

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Dean Tillery,

Defendant-Appellant.

Petition for Rehearing DENIED


 Court of Appeals No. 07CA1895

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Christopher O’Neal,

Defendant-Appellant.

Petition for Rehearing DENIED


 Court of Appeals No. 07CA2425

In re the Marriage of

Darla K. Richards,

Appellee,

and

Glenn D. Richards,

Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 07CA2443

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Patrick McAllister,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA0157

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Douglas Riley, a/k/a Anthony Douglas Pryor-Riley,

Defendant-Appellant.

Petition for Rehearing DENIED


 Court of Appeals No. 08CA0648

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harry J. Hall,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA0777

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Ivan Jordan,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA1597

Michael Sean Edmond,

Plaintiff-Appellant,

v.

Bill Ritter, Governor of Colorado; the State of Colorado; and the Honorable Larry Edward Schwartz, acting as District Court Judge for El Paso County, Colorado,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0020

Christian Gilbert,

Plaintiff-Appellant,

v.

Arthur Julian, Assistant Chief Hearing Officer; Andrew Stone, Hearing Officer; and Roxy Huber, Executive Director of the Colorado Department of Revenue, Division of Motor Vehicles,

Defendants-Appellees.

Petition for Rehearing DENIED


Court of Appeals No. 09CA0120

In re the Marriage of

Stanley K. Anderson,

Appellant,

and

Donna M. Warling-Johnson,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0913

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.P.E., J.M.E., and D.Z.E., Children,

and Concerning R.W.E., and A.R.E.,

Respondents-Appellants.

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. 2009.

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 || November 19, 2009

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