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Colorado Court of Appeals Opinions || February 25, 2010

Colorado Court of Appeals -- February 25, 2010
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA1345

Adams County District Court No. 97CR3079

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Monir Shontae Wood,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE CONNELLY

Webb and Terry, JJ., concur

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


Court of Appeals No. 07CA1626

City and County of Denver District Court Nos. 05CR379, 05CR380 & 06CR5077

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph D. Lujan,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Carparelli and Loeb, JJ., concur

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


Court of Appeals No. 07CA1951

Jefferson County District Court No. 07CR59

Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond E. Stalie,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI

Opinion by JUDGE LOEB

Carparelli and Bernard, JJ., concur

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


Court of Appeals No. 07CA1958

Arapahoe County District Court No. 00CR496

Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Clementus C. Williams,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED AND

CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE TERRY

Webb and Connelly, JJ., concur

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


Court of Appeals No. 08CA0306  

Jefferson County District Court No. 06CR3877

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Bradley Eatchel,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Terry and Connelly, JJ., concur

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


Court of Appeals No. 08CA0318

Jefferson County District Court No. 04CR1655

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Edward Patrick O’Connell,

Defendant-Appellant.

ORDER affirmed

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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


Court of Appeals No. 08CA1466

City and County of Denver District Court No. 98CR3506

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Smith,

Defendant-Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division B

Furman, Bernard, and J. Jones, JJ.

PER CURIAM

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


Court of Appeals No. 08CA1537

El Paso County District Court No. 02CR1342

Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott McNally,

Defendant-Appellant.

APPEAL DISMISSED

Division IV

Opinion by JUDGE CONNELLY

Webb and Terry, JJ., concur

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


Court of Appeals No. 08CA2069

Mesa County District Court No. 07DR832

Honorable Brian J. Flynn, Judge

Honorable Stephanie L. Rubinstein

In re the Marriage of

Jarrod E. Gavito,

Appellant,

and

Rebekah Gavito,

Appellee.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE BOORAS

Taubman and Dailey, JJ., concur

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


Court of Appeals No. 08CA2199

Logan County District Court No. 08CV19

Honorable Kevin L. Hoyer, Judge

William J. Hunsaker, Jr.,

Plaintiff-Appellee,

v.

Warden of the Sterling Correctional Facility,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE GABRIEL

Casebolt, J., concurs

Booras, J., dissents

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


Court of Appeals No. 08CA2352

El Paso County District Court No. 04CV2642

Honorable Larry E. Schwartz, Judge

Stacy Luster and Walter Luster, individually, and as parents and Next Friends of Alyssa Luster, a Minor,

Plaintiffs-Appellants,

v.

Judith M. Brinkman, M.D., and Colorado Springs Health Partners, P.C.,

Defendants-Appellees.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Gabriel and Booras, JJ., concur

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


Court of Appeals No. 09CA0150

Mesa County District Court No. 02CR1447

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Charles White,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division A

Opinion by JUDGE BERNARD

Furman, J., concurs

J. Jones, J., dissents

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


Court of Appeals No. 09CA0187

Adams County District Court No. 07CR3888

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dunston Sidner,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE FURMAN

Taubman and Hawthorne, JJ., concur

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


Court of Appeals No. 09CA0235

Douglas County District Court No. 07CV996

Honorable Paul A. King, Judge

Cielo Holdings, LLC,

Plaintiff-Appellee,

v.

Young Cheal Kim, Larry A. Penix, James Lee, Ki Young Park, See Kee Yeoung, Hein Trieu, Yuen Tung Chong, and EBI International, Inc., d/b/a Kasai Japanese Steakhouse and Sushi, LLC,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE J. JONES

Román and Miller, JJ., concur

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


Court of Appeals No. 09CA0328

Mesa County District Court No. 08CR661

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Myers,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE RICHMAN

Roy and Dailey, JJ., concur

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


Court of Appeals No. 09CA0452

Douglas County District Court No. 08CV243

Honorable Nancy A. Hopf, Judge

Gregory Paul Allen,

Petitioner-Appellee,

v.

Roxy Huber, Executive Director of the Colorado Department of Revenue, Motor Vehicle Division,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB

Terry and Connelly, JJ., concur

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


Court of Appeals No. 09CA0523

Archuleta County District Court No. 05CV35

Honorable Gregory G. Lyman, Judge

The Estate of Dennis Scoggins, a minor child, by and through H. Wayne Wilson, Conservator,

Plaintiff-Appellant,

v.

Encompass Insurance Company and Glens Falls Insurance Company,

Defendants-Appellees.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE FURMAN

Taubman and Hawthorne, JJ., concur

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


Court of Appeals No. 09CA0575

Colorado State Board of Assessment Appeals Nos. 48951 & 48953

Park Lake Resources, LLC; Wright Trust; and Estate of Ben L. Wright, Jr., deceased, Jude Meyer, Personal Representative,

Petitioners-Appellants,

v.

Park County Board of Equalization,

Respondent-Appellee,

and

Board of Assessment Appeals for the State of Colorado,

Appellee.

ORDERS AFFIRMED

Division VI

Opinion by JUDGE LOEB

Carparelli and Bernard, JJ., concur

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


Court of Appeals No. 09CA0726

Arapahoe County District Court No. 02CV4381

Honorable Marilyn L. Antrim, Judge

Celeste C. Grynberg,

Plaintiff-Appellant,

v.

Burnsed Oil Company,

Defendant-Appellee.

ORDER AFFIRMED

Division IV

Opinion by JUDGE WEBB

Terry and Connelly, JJ., concur

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


Court of Appeals No. 09CA0779

Adams County District Court No. 06CV1293

Honorable C. Scott Crabtree, Judge

Gary Alexander and Maureen Alexander,

Plaintiffs-Appellants,

and

Paul Gordon, LLC and Paul Gordon,

Attorneys-Appellants,

v.

Patricia Jo Stone and Patricia Jo Stone, P.C.,

Defendants-Appellees.

judgment affirmed

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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


Court of Appeals No. 09CA0845

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-392-766

Holly Hand,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Petersen Contractors & Excavation, Inc.; AMS Staff Leasing; GI Global Insurance; Colorado Insurance Guaranty Association; and Western Guaranty Fund Services,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Carparelli and Loeb, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA0915

David Joseph Hover,

Plaintiff-Appellant,

v.

Colorado Department of Corrections,

Defendant-Appellee.

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 || February 25, 2010

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