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Colorado Court of Appeals Opinions || November 17, 2011

Colorado Court of Appeals -- November 17, 2011
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA0943

Douglas County District Court No. 05CR830

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kyle Lee Jamison,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

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


Court of Appeals No. 08CA1853

Arapahoe County District Court No. 01CV3673

Honorable Gerald J. Rafferty, Judge

Kenneth P. O’Hanlon, f/k/a Kenneth P. Hanlon,

Plaintiff-Appellee and Cross-Appellant,

v.

American National Property and Casualty Company,

Defendant-Appellant and Cross-Appellee.

JUDGMENT affirmed IN PART, REVERSED IN PART,

ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

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


Court of Appeals No. 08CA1903

Jefferson County District Court No. 06CR2284

Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Blair Arbogast,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

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


Court of Appeals No. 08CA2392

El Paso County District Court No. 08CR1780

Honorable Robert L. Lowery, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeron Jontae Grant,

Defendant-Appellannt.

JUDGMENT AFFIRMED, SENTENCES VACATED,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

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


Court of Appeals No. 09CA0464

Lincoln County District Court No. 07CR37

Honorable Paul A. Markson, Judge

Honorable William Blair Sylvester, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jacinto Perez,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

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


Court of Appeals No. 09CA1010

City and County of Denver District Court Nos. 00CR2104, 00CR2169 & 00CR2200

Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Owens,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

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


Court of Appeals No. 09CA1843

City and County of Denver District Court No. 05CR4191

Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norbert Glen Johnson,

Defendant-Appellant.

Judgment Affirmed

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

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


Court of Appeals No. 09CA1958

Adams County District Court No. 07CR2258

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Antonio Flores,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

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


Court of Appeals No. 10CA0988

Adams County District Court No. 03CR601

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Frank Sandoval,

Defendant-Appellant.

ORDER AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

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


Court of Appeals No. 10CA1004

City and County of Denver District Court No. 08CR3494

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ernst Louis Vieux,

Defendant-Appellant.

APPEAL DISMISSED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

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


Court of Appeals No. 10CA1008

Archuleta County District Court No. 96CR22

Honorable Gregory G. Lyman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Allen J. Wesson,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Hawthorne and Bernard, JJ., concur

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


Court of Appeals No. 10CA1194

Jefferson County District Court No. 09CV4738

Honorable Margie Enquist, Judge

Nancy E. Kunz and Terry T. Kunz

Plaintiffs-Appellees and Cross-Appellants

v.

Vernon A. Evans and Sandra L. Evans,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART

Division VI

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Márquez*, JJ., concur

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


Court of Appeals No. 10CA1327

Crowley County District Court No. 08CV43

Honorable M. Jon Kolomitz, Judge

Keith Frazier,

Plaintiff-Appellant,

v.

Tom Clements, Executive Director, Colorado Department of Corrections; Dick Smelser, Warden; Officer Matthews; Officer Jones; Office Hernandez; Sergeant Baca; Manager Chavez; Grievance Coordinator Hernandez; Assistant Warden Wilson; Case Manager Ramirez; Anthony Decesaro; Chief Selman; Tina Gurule; Officer Ruybal; Chief Bonner; Denver Reception and Diagnostic Center; Mental Health Coordinator Ballage; Mental Health Coordinator Plagge; Mental Health Coordinator Navarro; Officer Pacino; Lieutenant Montoya; Tina Fraker; Officer Regan; Officer Bethune; Captain Fish; Officer Cumby; Officer Quintana; Sergeant Villa; Officer Barnes; Officer Rook; Captain Castellic; Sergeant Willbank; Parole Board Hearing Interviewer John Doe #1; Parole Board Hearing Interviewer Lucero; Officer Argo; Officer Vigil; Officer Dotter; Lieutenant Ridgewell; Officer Martinez; Sergeant Gonzales; Officer Gomez; Mailroom Supervisor Greenlee; Officer Wagh; Joy Palomino; Sergeant Colson; Manager Infante; and Chief Pacheo,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

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


Court of Appeals No. 10CA1370

City and County of Denver District Court No. 07CR7213

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrence Shawn Redwine,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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


Court of Appeals No. 10CA1545

City and County of Denver District Court No. 09CV5531

Honorable William D. Robbins, Judge

Aramark Sports and Entertainment, Inc., Aramark Entertainment, Inc., and Aramark Food and Support Services, LLC,

Plaintiff-Appellees,

v.

City and County of Denver, Department of Revenue for the City and County of Denver, and Claude Pumilia, in his official capacity as the Manager of Revenue for the City and County of Denver,

Defendants-Appellants.

JUDGMENT REVERSED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

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


Court of Appeals No. 10CA1698

City and County of Denver District Court No. 08CV7984

Honorable Martin F. Egelhoff, Judge

Honorable Michael A. Martinez, Judge

Denise VanDyke,

Plaintiff-Appellant,

v.

Metropolitan Janitorial Services, Inc.,

Defendant-Appellee.

APPEAL DISMISSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 10CA1707

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-789-425

John Gutierrez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, VAE Nortrak, and Wausau Underwriters Insurance Company,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and J. Jones, JJ., concur

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


Court of Appeals No. 10CA1869

City and County of Denver District Court No. 10CR1755

Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kermit Lee Lewis,

Defendant-Appellant.

APPEAL DISMISSED

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

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


Court of Appeals No. 10CA1889

City and County of Denver District Court No. 09CR2850

Honorable Edward David Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Luna-Ramos,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

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


Court of Appeals No. 10CA1995

Boulder County District Court No. 01CV619

Honorable Roxanne Bailin, Judge

Colorado Insurance Guaranty Association,

Plaintiff-Appellant,

v.

Philadelphia Insurance Company,

Defendant-Appellee.

ORDER AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and J. Jones, JJ., concur

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


Court of Appeals No. 10CA2030

El Paso County District Court No. 09CV7419

Honorable Kirk S. Samelson, Judge

Smart Value Enterprises, LLC, a Colorado limited liability company,

Plaintiff-Appellee and Cross-Appellant,

v.

Bella Fortuna, LLC, a Colorado limited liability company,

Defendant-Appellant and Cross-Appellee.

JUDGMENT affirmed

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

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


Court of Appeals No. 10CA2063

Adams County District Court No. 08DR2514

Honorable John Bryan, Judge

In re the Parental Responsibilities of P.R.W.W. and R.T.W., Children,

and Concerning Cinnamon White,

Appellant,

and

Cameron Scott Welch,

Appellee.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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


Court of Appeals No. 10CA2258

Arapahoe County District Court No. 09CV2198

Honorable John L. Wheeler, Judge

William Bartnick and Laura Bartnick,

Plaintiffs-Appellants,

v.

City of Englewood, a Home Rule Municipality; Judge Vincent Ross Atencio, individually and in his official Englewood capacity; James Woodward, individually and in his official Englewood capacity as City Mayor; Robert McCaslin, individually and in his official Englewood capacity as City Council Representative at large; Gary Sears, City Manager, individually and in his official Englewood capacity; Daniel Lee Brotzman, individual and as Englewood City Attorney; Lance Smith and Tricia Langon, individually and in their official roles as employees; Ronald Noffsinger; Robin Noffsinger; Greg Pickett, a/k/a Greg Alan-Pickett; Miguel Drake; Anne Drake; and Chris Carman,

Defendants-Appellees.

JUDGMENTS AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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


Court of Appeals No. 10CA2515

Teller County District Court No. 09CV107

Honorable Edward S. Colt, Judge

Paradise Estates, Inc.,

Plaintiff-Appellee,

v.

Jesus Quinonez and Elizabeth Quinonez,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

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


Court of Appeals No. 10CA2528

City and County of Denver District Court No. 87CR218

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Abad,

Defendant-Appellant.

ORDER Affirmed

Division I

Opinion by JUDGE ROMán

Taubman and Booras, JJ., concur

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


Court of Appeals No. 10CA2639

Boulder County District Court No. 09CR1999

Honorable Ruthanne Polidori, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Edward Kenady,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

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


Court of Appeals No. 10CA2666

Weld County District Court No. 03CV1610

Honorable Daniel S. Maus, Judge

Lake Canal Reservoir Company, a Colorado corporation; Lake Canal Company, a Colorado corporation; Alden V. Hill; and Ann L. Deseran,

Plaintiffs-Appellees,

v.

Douglas C. Beethe and Terese L. Beethe,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0097

Gunnison County District Court No. 08CV116

Honorable J. Steven Patrick, Judge

Moon Ridge Subdivision Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellee,

v.

Mary N. Brown,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE J. JONES

Carparelli and Nieto*, JJ., concur

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


Court of Appeals No. 11CA0201

Larimer County District Court No. 09DR739

Honorable Daniel J. Kaup, Judge

In re the Parental Responsibilities of K.B.-L. and K.B., Children,

and Concerning Gary Bogaard,

Appellee,

and

Lora Lund,

Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GRAHAM

Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0283

Douglas County District Court No. 04DR1157

Honorable Angela R. Arkin, Judge

In re the Marriage of

Leona K. Bilek-Kressin,

Appellee,

and

Michael J. Kressin,

Appellant.

ORDER AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GABRIEL

Dailey and Graham, JJ., concur

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


Court of Appeals No. 11CA0668

Garfield County District Court No. 10CR369

Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fredy Heredia-Casanova,

Defendant-Appellant.

APPEAL DISMISSED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

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


Court of Appeals No. 11CA0812

Mesa County District Court No. 05CR795

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles D. Mosby,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Hawthorne, Furman, and Bernard, JJ.

PER CURIAM

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


Court of Appeals No. 11CA0841

Industrial Claim Appeals Office of the State of Colorado

DD No. 807-2011

Smith Agency, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Michael A. Pisano, Jr.,

Respondents.

Order Affirmed

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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


Court of Appeals No. 11CA0994

Adams County District Court No. 85CR1173

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Douglas L. Crawford,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Taubman, Hawthorne, and Furman, JJ.

PER CURIAM

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


Court of Appeals No. 11CA1314

Industrial Claim Appeals Office of the State of Colorado

DD No. 9533-2011

Chris Triller,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Southern Ute Indian Tribe,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Márquez*, JJ., concur

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


Court of Appeals No. 11CA1348

Industrial Claim Appeals Office of the State of Colorado

DD No. 8803-2011

Paula R. Bagby,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and The Higbee Company,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE NEY*

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

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


Court of Appeals No. 11CA1524

City and County of Denver Juvenile Court No. 10JV2027

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.E., a Child,

and Concerning S.R.E.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

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


Court of Appeals No. 11CA1654

Weld County District Court No. 10JV389

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.R. and T.R., Children,

Appellants,

and Concerning D.R.,

Respondent-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE FOX

Roy and Webb, JJ., concur

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


MODIFIED OPINIONS

Court of Appeals No. 06CA1877

City and County of Denver District Court No. 05CR641

Honorable Robert L. McGahey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Arelious Fuller,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART,

VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE MILLER

Dailey and Russel, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 06CA1877

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Arelious Fuller,

Defendant-Appellant.

Prior Opinion Announced May 5, 2011, WITHDRAWN

Petition for Rehearing GRANTED in Part and DENIED in Part

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


Court of Appeals Nos. 09CA1988 & 10CA0445

Equity Secured Funds, Inc.,

Plaintiff-Appellee,

v.

Patrick Irving,

Third-Party Defendant-Appellee,

and

Edwin H. McKenna, Patricia McKenna, and McKenna Development Company, a Colorado limited liability company,

Defendants-Appellants.

--------------------AND--------------------

Equity Secured Funds, Inc.,

Plaintiff-Appellee,

v.

Edwin H. McKenna; and McKenna Development Company, a Colorado limited liability company,

Defendants-Appellants,

and

McKenna Development Company, Inc., a/k/a McKenna Development Inc., an administratively dissolved Colorado corporation,

Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0749

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Manuel Sesario DePineda,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0893

Mex Concept, Inc., and Third World Fund, Inc.,

Plaintiffs-Appellants,

v.

Rena C. Noble, individually, and Danny Mientka, d/b/a Satellite Square,

Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1262

Bivio Software Artisans, Inc., d/b/a Bivio Software,

Plaintiff-Appellee,

v.

Redzone Software, LLC,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1759

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Ray Swiger,

Defendant-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. 2011.

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 17, 2011

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