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Colorado Court of Appeals Opinions || March 22, 2012

Colorado Court of Appeals -- March 22, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2655
Jefferson County District Court No. 04CR3243
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keason Burell Cox,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Booras and Vogt*, JJ., concur

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


Court of Appeals No. 08CA0903
City and County of Denver District Court No. 07CR829
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Dominguez,

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. 08CA1762
Lincoln County District Court No. 05CR23
Honorable P. Douglas Tallman, Judge
Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Leroy Hostetler,

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. 09CA0433
El Paso County District Court No. 06CR5817
Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dario Ricardo Murphy,

Defendant-Appellant.

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. 09CA1178
Weld County District Court No. 08CR1660
Honorable James Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mathew Vincent Martinez,

Defendant-Appellant.

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. 10CA0039
Adams County District Court No. 08CR3200
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert J. Trujillo,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE DAVIDSON
Vogt* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA0982
Pueblo County District Court No. 04CR880
Honorable Dennis Maes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christian Garcia-Amaro,

Defendant-Appellant.

ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur

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


Court of Appeals No. 10CA1127
City and County of Denver District Court Nos. 00CR3013 & 01CR2048
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua E. Wingfield,

Defendant-Appellant.

APPEAL DISMISSED IN PART
AND ORDER AFFIRMED

 

Division III
Opinion by JUDGE ROY
Gabriel and Plank*, JJ., concur

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


Court of Appeals No. 10CA1145
Adams County District Court No. 09CR1918
Honorable Chris Melonakis, Judge
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Dean Daniels,

Defendant-Appellant.

JUDGMENT REVERSED 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. 10CA1251
Boulder County District Court No. 09CR1558
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Lee Broce,

Defendant-Appellant.

JUDGMENT AND SENTANCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur

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


Court of Appeals No. 10CA1639
Arapahoe County District Court No. 09CR1212
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Louis Gray,

Defendant-Appellant.

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. 10CA1713
Teller County District Court No. 00CR178
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Lolin Jimenez,

Defendant-Appellant.

ORDER 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. 10CA1823
Routt County District Court No. 94CR11
Honorable Shelly A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Backus,

Defendant-Appellant.

ORDER 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. 10CA1864
City and County of Denver District Court No. 08CR4298
Honorable Martin F. Egelhoff, Judge
Honorable Ronald M. Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arturo Aguilar,

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. 10CA2076
Huerfano County District Court No. 01CV91
Honorable Claude W. Appel, Judge

Gary Lensky,

Plaintiff-Appellant,

v.

Gery DiDomenico, Carol McDonald, Charles B. Choin, Judith P. Choin, William R. Trujillo, and William L. Trujillo,

Defendants-Appellees.

JUDGMENT AND ORDERS 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. 10CA2144
Moffat County District Court Nos. 07CR17 & 08CR25
Honorable Shelley Ann Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tausha Lorraine Merwin,

Defendant-Appellant.

SENTENCES AFFIRMED

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

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


Court of Appeals No. 10CA2452
El Paso County District Court No. 09CR1944
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory Leslie Turman,

Defendant-Appellant.

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. 11CA0250
El Paso County District Court No. 02CR2126
Honorable Thomas K. Kane, Judge
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Clay David Alexander,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE NIETO*
Davidson, C.J., and Vogt*, J., concur

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


Court of Appeals No. 11CA0315
Jefferson County District Court No. 10CV2971
Honorable Christine Phillips, Judge

Shellie Glynn Blaco,

Plaintiff-Appellant,

v.

The Colorado Department of Revenue, Division of Motor Vehicles,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE PLANK*
Terry and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0415
City and County of Broomfield District Court No. 10CV44
Honorable Thomas R. Ensor, Judge

Brooks Geyen,

Plaintiff-Appellant,

v.

Level 3 Communications, LLC,

Defendant-Appellee.

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. 11CA0438
City and County of Denver District Court No. 09CV10519
Honorable Morris B. Hoffman, Judge

Skip Masters, Inc.,

Plaintiff-Appellant,

v.

Michelle Fritz and Force One Skip, Inc.,

Defendants and Third-Party Plaintiffs-Appellees,

v.

Randall Fritz and Ed Partch,

Third-Party Defendants-Appellants.

JUDGMENT 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. 11CA0905
Douglas County District Court No. 09CV2959
Honorable Vincent R. White, Judge

American Family Mutual Insurance Company,

Plaintiff-Appellant,

v.

Evangeline Juarez, Craig S. Perez, and Melissa L. Perez,

Defendants-Appellees.

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. 11CA1311
El Paso County District Court No. 09CV72
Honorable Barbara L. Hughes, Judge

Jeckonias N. Muragara,

Plaintiff-Appellant,

v.

Whitney Young Manor,

Defendant-Appellee.

JUDGMENT 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. 11CA1323
El Paso County District Court No. 10CV6629
Honorable Barbara L. Hughes, Judge

Peoples National Bank, f/k/a Peoples National Bank Colorado, a national banking association,

Plaintiff-Appellee,

v.

Grot Cimarron, LLC, a Colorado limited liability company; and Zbigniew P.

Grot,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1495
Weld County District Court No. 08CV305
Honorable Dinsmore Tuttle, Judge

Town of Johnstown, Colorado, a Colorado home rule municipality,

Petitioner-Appellee,

v.

Ivar W. Larson and Donna M. Larson,

Respondents-Appellants.

JUDGMENT AND ORDER AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Hawthorne, 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. 11CA2013
Adams County District Court No. 95CR1437
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fernando Martinez,

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. 11CA2372
Adams County District Court No. 10JV408
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.B., a Child,

Appellant,

and Concerning T.P.,

Respondent-Appellee.

ORDER AFFIRMED

Division A
Opinion by JUDGE VOGT*
Davidson, C.J. and Nieto*, J., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1178

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Corey Dean Wagner,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA1753

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Joe Higdon,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2222

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kerry Lee Minor,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0132

Keith Frazier,

Plaintiff-Appellee and Cross-Appellant,

v.

Executive Director, Colorado Department of Corrections; and Warden, Bent County Correctional Facility,

Defendants-Appellants and Cross-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0285

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.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1108

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Montgomery,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1998

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven R. Wilson,

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 22, 2012

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