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Colorado Court of Appeals Opinions || December 1, 2011

Colorado Court of Appeals -- December 1, 2011
Announcement Sheet

 

 

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA1810

Douglas County District Court No. 05CR858

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Keith McKnight,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED

IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE RUSSEL

Loeb and Richman, JJ., concur

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


Court of Appeals No. 08CA1546

Larimer County District Court No. 06CR1103

Honorable Terence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Narciso Mendoza-Lopez,

Defendant-Appellant.

Judgment Affirmed in Part, reversed in Part,

and case remanded with directions

Division III

Opinion by JUDGE ROY

Fox, J., concurs

Webb, J., specially concurs

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


Court of Appeals No. 08CA2061

Jefferson County District Court No. 07CR734

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Allen Fain,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and Ney*, JJ., concur

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


Court of Appeals No. 08CA2200

Douglas County District Court No. 05CR95

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Kelly Padilla,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and Ney*, JJ., concur

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


Court of Appeals No. 08CA2638

Adams County District Court No. 08CR34

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darryl Lee Montoya,

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. 09CA0878

Arapahoe County District Court No. 06CR3382

Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrian Stephen Ryines,

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. 09CA1251

Mesa County District Court No. 08CR568

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dina Maria Navarette,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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


Court of Appeals No. 09CA1855

Weld County District Court No. 08CR50

Honorable Daniel S. Maus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Paul Romero,

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. 10CA1037

Adams County District Court No. 99CR955

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Lee Jacobs,

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. 10CA1422

Jefferson County District Court No. 10CV1085

Honorable Tamara S. Russell, Judge

Daniel Charles Brock,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

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


Court of Appeals No. 10CA1547

Douglas County District Court No. 09CV1926

Honorable Richard B. Caschette, Judge

Patricia Arndt, a/k/a Patricia L. Thompson,

Plaintiff-Appellant,

v.

Melissa Pedersen,

Defendant-Appellee.

Judgment affirmed, order vacated,

and case remanded with directions

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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


Court of Appeals No. 10CA1832

El Paso County District Court No. 06CR1327

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Manuel Pimentel,

Defendant-Appellant.

ORDERS REVERSED AND CASE

REMANDED WITH DIRECTIONS

Prior Opinion Announced September 29, 2011 WITHDRAWN

Petition for Rehearing GRANTED

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. 10CA2270

Adams County District Court No. 08CV579

Honorable C. Vincent Phelps, Judge

Honorable C. Scott Crabtree, Judge

Adams 12 Five Star Schools, a Colorado quasi-municipal corporation,

Petitioner-Appellee and Cross-Appellant,

v.

Auto-trol Real Estate LLC, a Colorado limited liability company, and, Auto-trol Technology Corporation, a Colorado corporation,

Respondents-Appellants and Cross-Appellees.

ORDERS AFFIRMED

Division VI

Opinion by JUDGE TERRY

Loeb and Richman, JJ., concur

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


Court of Appeals No. 10CA2385

Weld County District Court No. 09DR714

Honorable Julie C. Hoskins, Judge

In re the Marriage of

Lynn Marie Martin,

Appellant,

and

Steve Lee Martin,

Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur

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


Court of Appeals No. 10CA2584

Jefferson County District Court No. 10CV582

Honorable Lily W. Oeffler, Judge

Liberty Savings Bank, F.S.B.,

Plaintiff-Appellee,

v.

150 W. Byers Place 6 & 8, LLC,

Defendant,

and

Patrick J. Koentges and Laurie A. Koentges,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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


Court of Appeals No. 10CA2594

Adams County District Court No. 08CV1818

Honorable Katherine R. Delgado, Judge

Parkside II Homeowners Association, Inc.,

Plaintiff-Appellee,

v.

BAC Home Loans Servicing, LP, as successor to the interest of Mortgage Electronic Registration Systems, Inc., individually and acting solely as nominee for Nexgen Lending, Inc.,

Appellant,

and

Arrowhead Independent Finance, LLC,

Intervenor-Appellee.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE CARPARELLI

Furman and Ney*, concur

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


Court of Appeals No. 10CA2648

Moffat County District Court No. 09CV8

Honorable Shelley A. Hill, Judge

Wendla Asplund,

Plaintiff-Appellant,

v.

Tri-State Equipment Company, LLC,

Defendant-Appellee.

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. 11CA0539

Boulder County District Court No. 05DR1177

Honorable James C. Klein, Judge

In re the Marriage of

Casel Melendy,

Appellant,

and

Michael Lowe,

Appellee.

ORDER AFFIRMED

Division A

Opinion by JUDGE ROTHENBERG*

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

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


Court of Appeals No. 11CA1701

Pueblo County District Court No. 11MH13

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Joseph Carter,

Respondent-Appellant.

ORDER REVERSED

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA0968

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Nathaniel Romero,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 08CA1123

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Omar Anthony King,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0950

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leroy Herrera,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA1103

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrian Salvador Gomez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2327

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marc Ashley Sherman,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1771

Equity Trust Company, d/b/a Sterling Trust, Custodian FBO Joan Martinez IRA Account #T053626,

Plaintiff-Appellee,

v.

Colorado Springs Development, LLC, a Colorado limited liability company,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1832

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Manuel Pimentel,

Defendant-Appellant.

Prior Opinion Announced September 29, 2011 WITHDRAWN

Petition for Rehearing GRANTED

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


Court of Appeals No. 10CA2176

Elaine Loofbourrow,

Petitioner,

v.

Harman-Bergstedt, Inc., d/b/a Kentucky Fried Chicken, and Zurich American Insurance Company; and Industrial Claim Appeals Office of the State of Colorado,

Respondents.

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 || December 1, 2011

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