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Colorado Court of Appeals Opinions || March 8, 2012

Colorado Court of Appeals -- March 8, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2229
Arapahoe County District Court No. 00CR887
Honorable John P. Leopold, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Kenneth Simon,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Roy and Márquez*, JJ., concur

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


Court of Appeals No. 08CA1587
City and County of Denver District Court No. 07CR2494
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Straub,

Defendant-Appellant.

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. 08CA1937
Weld County District Court No. 00CR64
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Wayne Helton,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur

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


Court of Appeals No. 08CA2441
City and County of Denver District Court No. 04CR4833
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Jake Chavez, Jr.,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE ROMÁN
Richman and Miller, JJ., concur

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


Court of Appeals No. 09CA0136
Adams County District Court No. 07CR2498
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yvonne Marie Gothard,

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. 09CA1139
Pueblo County District Court No. 07CR1915
Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maximo Daniel Ramos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur

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


Court of Appeals No. 09CA1399
Pueblo County District Court No. 08CR901
Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theresa Jennifer Padilla,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI
Opinion by JUDGE BERNARD
Nieto*, J., concurs
Loeb, J., specially concurs

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


Court of Appeals No. 09CA1941
Clear Creek County District Court Nos. 08CR45 & 08CR51
Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Lee McClure,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur

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


Court of Appeals No. 09CA1961
City and County of Denver District Court No. 06CR5389
Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel G. Morales,

Defendant-Appellant.

JUDGMENT AND SENTENCE VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS

Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM

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


Court of Appeals No. 10CA1487
City and County of Denver District Court No. 09CR10267
Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Anaya,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur

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


Court of Appeals No. 10CA2294
El Paso County District Court No. 09CR2858
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lawrence Gabriel Dayan,

Defendant-Appellant.

JUDGEMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur

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


Court of Appeals No. 10CA2596
Jefferson County District Court No. 09DR465
Honorable Randall C. Arp, Judge

In re the Marriage of

Laurie P. Sheppard,

Appellant,

v.

Frank C. Sheppard, III,

Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur

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


Court of Appeals No. 11CA0209
Routt County District Court No. 09CV270
Honorable Michael A. O’Hara, Judge

Connell Resources, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Routt County, Colorado, a Colorado county,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE BERNARD
Loeb and Nieto*, JJ., concur

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


Court of Appeals No. 11CA0359
El Paso County District Court No. 09CV4374
Honorable Gregory R. Werner, Judge

Keith Kolln,

Plaintiff-Appellant,

v.

Eric N. Wyatt, individually and d/b/a Action Excavating & Landscaping, Inc., a/k/a Action Excavating & Utilities, Inc., a/k/a Action Excavating Asphalt & Concrete Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur

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


Court of Appeals No. 11CA0367
Jefferson County District Court No. 09CV2430
Honorable Margie Enquist, Judge
Honorable Tamara S. Russell, Judge

IBM Corporation, a foreign corporation,

Plaintiff-Appellant,

v.

City of Golden, a Colorado municipal corporation,

Defendant-Appellee.

JUDGMENT AND ORDER 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. 11CA0484
Ouray County District Court No. 09DR39
Honorable J. Steven Patrick, Judge

In re the Marriage of

Catherine West Kent,

Appellant,

and

Joshua Shaw Kent,

Appellee.

JUDGMENT AFFIRMED IN PART
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur

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


Court of Appeals No. 11CA0590
Fremont County District Court No. 08CV264
Honorable David M. Thorson, Judge

American Express Centurion Bank, a/k/a American Express Bank, F.S.B.,

Plaintiff-Appellant,

v.

Frank Heuett,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur

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


Court of Appeals No. 11CA0735
City and County of Denver District Court No. 04CR4905
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Malone,

Defendant-Appellant.

ORDERS AFFIRMED

Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM

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


Court of Appeals No. 11CA0903
Weld County District Court No. 09CV801
Honorable Elizabeth Strobel, Judge

Darrell Erickson, d/b/a Erickson Construction,

Plaintiff-Appellant,

v.

Timothy R. Stadem and Beth H. Stadem,

Defendants-Appellees.

JUDGMENTS AND ORDER AFFIRMED

Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur

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


Court of Appeals No. 11CA1965
Industrial Claim Appeals Office of the State of Colorado
DD No. 10601-2011

Paul A. Silli,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Pinnacle Charter School, Inc.,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Ney*, J., concur

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


PETITIONS FOR REHEARLING

Court of Appeals No. 11CA0587

Joyce B. Martinez,

Plaintiff-Appellant,

v.

ProBuilders Specialty Insurance Company, RRG,

Garnishee-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1202

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Moore,

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 || March 8, 2012

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