Colorado Court of Appeals Opinions || August 25, 2011
Colorado Court of Appeals -- August 25, 2011
Announcement Sheet
UNPUBLISHED OPINIONS
Court of Appeals No. 07CA1257
Pitkin County District Court Nos. 05CR50 & 05CR62
Honorable James B. Boyd, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Allen Key,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 07CA2280
Jefferson County District Court No. 06CR4117
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Glen Robert Worley,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED
Division II
Opinion by JUDGE WEBB
Casebolt and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0221
City and County of Denver District Court No. 02CR5043
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adelbert Bassford,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROY
Loeb, J., concurs
J. Jones, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1057
City and County of Denver District Court No. 07CR594
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Max Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1181
Jefferson County District Court No. 07CR1426
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cordell Eric Robinson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Webb and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1832
Weld County District Court No. 06CR2230
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frank Leon Joseph,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1941
Arapahoe County District Court No. 06CR502
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Richard Swanson,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1091
Gilpin County District Court No. 07CR61
Honorable Frederic Barker Rodgers, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Carrillo-Rojo,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1186
Arapahoe County District Court No. 08CR1741
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darvon James Baldwin,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1798
City and County of Denver District Court No. 08CR4440
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Frazier, Jr.,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2596
El Paso County District Court No. 96CR4145
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Lee Johnson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE KAPELKE*
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0378
El Paso County District Court No. 08CV3272
Honorable Gregory R. Werner, Judge
McCoy & Littlejohn Child Care Center, LLC, a Colorado limited liability company,
Plaintiffs-Appellees,
v.
Aspen Diversified Industries Service, Inc., a Colorado corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román, J., concurs
Russel, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0744
Boulder County District Court No. 02CR571
Honorable Thomas F. Mulvahill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Kevin Hyer,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0833
Adams County District Court No. 09CR626
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eusebio Montero-Romero,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1135
Weld County District Court No. 09PR311
Honorable James F. Hartmann, Judge
In re the Estate of Joseph DeAnza, deceased.
Joseph Matthew DeAnza,
Petitioner-Appellee,
v.
Johanna E. Gerke and Meggan DeAnza,
Respondents-Appellants,
and
Emilia S. Percoskie and Frank Percoskie,
Respondents-Appellees.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1413
City and County of Denver Juvenile Court No. 09JD826
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
In the Interest of E.P.,
Juvenile-Appellant.
and Concerning M.D.,
Respondent.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1455
El Paso County District Court No. 08CV1015
Honorable G. David Miller, Judge
Paul Martinez and Evangeline Martinez,
Plaintiffs-Appellants,
v.
Gobb Heaven, Inc., d/b/a Extreme Pizza, and Peerless Industries, Inc., a Delaware corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1751
Mesa County District Court No. 06CR1717
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua T. Dooly.
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Russel and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1822
El Paso County District Court No. 09DR2772
Honorable Barney Iuppa, Judge
In re the Parental Responsibilities of
Helen Shelton,
Appellee,
and
Caroline Smith,
Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J. and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1922
El Paso County District Court No. 09DR2356
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Delo Studebaker,
Appellant,
and
Anthony Studebaker,
Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2230
Chaffee County District Court Nos. 09CV112 & 09CV113
Honorable C.M. Barton, Judge
Ruth Jackson and Flint Hills Life Insurance Company, Ltd.,
Plaintiffs-Appellants,
and
Bruce Jackson,
Attorney-Appellant,
v.
The Board of Equalization of the County of Chaffee, State of Colorado; and Joann Boyd, Assessor of the County of Chaffee, State of Colorado,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2271
Office of Administrative Courts No. OS20100020
Colorado Government Accountability Project,
Petitioner-Appellant,
v.
Jack Pommer; Committee to Elect Jack Pommer; and Office of Administrative Courts,
Respondents-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2314
City and County of Denver Court No. 10CV3585
Honorable William W. Hood, Judge
Amalgamated Transit Union, Local 1001,
Plaintiff-Appellant,
v.
Regional Transportation District,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2653
Pueblo County District Court No. 10CV1045
Honorable Larry C. Schwartz, Judge
Steven Michael Tuller,
Plaintiff-Appellant,
v.
Colorado State Parole Board, Aristedes Zavaras, and Susan Jones,
Defendants-Appellees.
ORDER AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0333
El Paso County District Court No. 09JV1438
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.S., A.R., and M.R., Children,
and Concerning M.S. and F.D.L.C.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0728
Industrial Claim Appeals Office of the State of Colorado
DD No. 2991-2011
Jennifer R. Jones,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Gregory N. Day, DDS Oral Surgeon, P.C.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0733
Jefferson County District Court No. 09JV1202
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.Y., a Child,
and Concerning T.B.,
Respondent-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUSTICE ROVIRA*
Davidson, C.J. and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
PETITIONS FOR REHEARING
Court of Appeals No. 07CA2552
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brad Anthony Dicken,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R 35(f)
Court of Appeals No. 08CA2101
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ezequiel Esparza-Treto,
Defendant-Appellant.
Petition for Rehearing DENIED
Taubman, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R 35(f)
Court of Appeals No. 09CA2262
In re the Marriage of
Terry Anthony Martinez,
Petitioner-Appellant,
and
Cathy Eileen Montion,
Respondent-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. 2010
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 || August 25, 2011
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