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Colorado Court of Appeals Opinions || February 16, 2012

Colorado Court of Appeals -- February 16, 2012
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 10CA1206   2012 COA 26

Pueblo County District Court No. 08CR1178

Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Nathaniel Sexton,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Nieto*, JJ., concur


Court of Appeals No. 10CA2005    2012 COA 27

City and County of Denver District Court No. 09CV1959

Honorable Michael A. Martinez, Judge

Richard C. LaFond, Esq.,

Plaintiff-Appellee,

v.

Charlotte N. Sweeney, Esq.,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BERNARD

Loeb and Lichtenstein, JJ., concur


Court of Appeals No. 11CA0317    2012 COA 28

City and County of Denver District Court No. 09CV532

Honorable Morris B. Hoffman, Judge

Thomas J. Vessels, Personal Representative of the Estate of Mary Walsh Vessels, a/k/a Mary W. Vessels, a/k/a Mary Agnes Vessels, a/k/a Mary Vessels,

Plaintiff-Appellant,

v.

Alva J. Hickerson, a/k/a Al J. Hickerson,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LOEB

Bernard and Lichtenstein, JJ., concur


Court of Appeals No. 11CA0329   2012 COA 29

City and County of Denver District Court No. 10CV2317

Honorable William W. Hood, III, Judge

Judith Rotz,

Plaintiff-Appellant,

v.

Hyatt Corporation, d/b/a Hyatt Regency Denver at Colorado Convention Center,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE MILLER

Román and Richman, JJ., concur


Court of Appeals No. 11CA0528    2012 COA 30

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-777-591

Shelly Crowell,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Denver West Marriott, and New Hampshire Insurance Company,

Respondents.

ORDER SET ASIDE AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE NEY*

Carparelli and Furman, JJ., concur


Court of Appeals No. 11CA0604   2012 COA 31

Mesa County District Court No. 10JD41

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Petitioner-Appellant,

In the Interest of C.Y.,

Juvenile-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Hawthorne, J., concurs

Russel, J., dissents


UNPUBLISHED OPINIONS

Court of Appeals No. 05CA1514

Arapahoe County District Court No. 98CR2414

Honorable Robert H. Russell, II, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy Deon Canister,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Russel and Furman, JJ., concur

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


Court of Appeals No. 06CA1518

Jefferson County District Court No. 05CR1008

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricky Cuong Hoang,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE J. JONES

Casebolt and Hawthorne, JJ., concur

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


Court of Appeals No. 08CA1386

Larimer County District Court No. 97CR411

Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Raul Frias,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE GABRIEL

Roy and Terry, JJ., concur

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


Court of Appeals No. 08CA1652

Jefferson County District Court No. 07CR331

Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ray Rivers Perkins,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

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


Court of Appeals No. 09CA0623

Arapahoe County District Court No. 07CR681

Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kirk Daniel Harris,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE GABRIEL

Roy and Terry, JJ., concur

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


Court of Appeals No. 09CA1038

City and County of Denver District Court No. 07CR4464

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Leon Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Hawthorne and J. Jones, JJ., concur

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


Court of Appeals No. 09CA2695

Summit County District Court No. 08CR182

Honorable Karen Ann Romeo, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Curtis Grant Baker,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED

IN PART, AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE GABRIEL

Roy and Terry, JJ., concur

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


Court of Appeals No. 10CA1419

Adams County District Court No. 08CR3612

Honorable Frederick Michael Goodbee, Judge

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Daniel Jackson,

Defendant-Appellant.

JUDGMENT AND SENTENCES AFFIRMED

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

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


Court of Appeals No. 10CA1546

Adams County District Court No. 09CV627

Honorable C. Scott Crabtree, Judge

Lynnette Castillo,

Plaintiff-Appellant,

v.

Auto-Owners Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Román and Miller, JJ., concur

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


Court of Appeals No. 10CA1975

Larimer County District Court No. 06CR1548

Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randal David Ankeney,

Defendant-Appellant.

ORDERS AFFIRMED

Division II

Opinion by JUDGE HAWTHORNE

Casebolt and J. Jones, JJ., concur

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


Court of Appeals No. 10CA2530

City and County of Denver Juvenile Court No. 06JD630

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.W.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Russel and Furman, JJ., concur

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


Court of Appeals No. 11CA0285

Douglas County District Court No. 10CV45

Honorable Paul A. King, Judge

Town of Parker, a Colorado home rule municipal corporation,

Plaintiff,

and

Parker Water & Sanitation District, a Colorado special district and political subdivision,

Plaintiff-Appellee,

v.

Triple M Beteilgungs-GMBH & Co. KG and Renate Nixdorf GMBH & Co. KG,

Defendants-Appellants.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LICHTENSTEIN

Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA0325

Jefferson County District Court No. 90CR1259

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven James Stephenson,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, J. Jones, and Booras, JJ.

PER CURIAM

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


Court of Appeals No. 11CA0430

Arapahoe County District Court No. 09CV2739

Honorable Charles M. Pratt, Judge

Marat Kudlis, individually and on behalf of the estate of M.K.; and Enely Kudlis, individually and on behalf of the estate of M.K.,

Plaintiffs-Appellants,

v.

City and County of Denver, Colorado; Officer M. Laughlin, individually and in his official capacity; Officer G. Zimmerman, individually and in his official capacity; and County Sheriff of the City and County of Denver, Colorado, individually and in his official capacity,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE RUSSEL

Webb and Furman, JJ., concur

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


Court of Appeals No. 11CA0495

Jefferson County District Court No. 10CV5160

Honorable Jane A. Tidball, Judge

Timothy Joseph Rappl,

Plaintiff-Appellant,

v.

Judge Charles T. Hoppin, Jefferson County Court,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE J. JONES

Casebolt and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0606

El Paso County District Court No. 10CV226

Honorable Timothy J. Schultz, Judge

Mark Bogacz,

Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections; and Warden, Cheyenne Mountain Re-Entry Center,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LICHTENSTEIN

Loeb and Bernard, JJ., concur

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


Court of Appeals No. 11CA0692

Morgan County District Court No. 09CV267

Honorable Douglas R. Vannoy, Judge

Richard Alan Lechman,

Petitioner-Appellant,

v.

Colorado Department of Revenue, Motor Vehicle Division,

Respondent-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE FURMAN

Webb and Russel, JJ., concur

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


Court of Appeals No. 11CA1054

El Paso County District Court No. 10JV851

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.G., Z.G., A.G, Children,

and Concerning S.G.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE MILLER

Román and Richman, JJ., concur

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


Court of Appeals No. 11CA1202

Arapahoe County District Court No. 87CR380

Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur James Moore,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1972

Arapahoe County District Court No. 02CR2132

Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yoobang Kim,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, J. Jones, and Booras, JJ.

PER CURIAM

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


Court of Appeals No. 11CA1998

El Paso County District Court No. 97CR2521

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven R. Wilson,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, J. Jones, and Booras, JJ.

PER CURIAM

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


Court of Appeals No. 11CA2058

Larimer County District Court No. 09JV582

Honorable Julie K. Field, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.G., M.G., S.E.G., and S.A.G., Children,

and Concerning C.G.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Rothenberg* and Vogt*, JJ., concur

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


Court of Appeals No. 11CA2196

Arapahoe County District Court No. 10JV997

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.B., J.M., and N.B., Children,

and Concerning G.W.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division B

Opinion by JUDGE VOGT*

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

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


Court of Appeals No. 11CA2330

Pueblo County District Court No. 11MH278

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Brandon Martinez,

Respondent-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE FURMAN

Webb and Russel, JJ., concur

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 || February 16, 2012

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