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Colorado Court of Appeals Opinions || April 5, 2012

Colorado Court of Appeals -- April 5, 2012
Announcement Sheet

 

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA1348
Jefferson County District Court No. 06CR2954
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Joseph Evans,

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. 08CA1291
El Paso County District Court No. 06CR1048
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jereme Lamberth,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE FURMAN
Russel and Márquez*, JJ., concur

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


Court of Appeals No. 08CA2442
Mesa County District Court No. 07CR851
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Edward Butler,

Defendant-Appellant.

JUDGMENT Affirmed

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

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


Court of Appeals No. 09CA0365
Fremont County District Court No. 08CR51
Honorable Thomas W. Ossola, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eduardo Gallegos-Reyes,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur

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


Court of Appeals No. 09CA2391
Boulder County District Court No. 00CR1845
Honorable Roxanne Bailin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Zachary Redfearne,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur

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


Court of Appeals No. 10CA0770
City and County of Denver District Court Nos. 06CR428 & 06CR2983
Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yuri Bejarano,

Defendant-Appellant.

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. 10CA1069
Pueblo County District Court No. 07CV1349
Honorable Larry C. Schwartz, Judge

David A. Hiner and Deelila A. Quick,

Plaintiffs-Appellants,

v.

Bruce Johnson, M.D.; Michael King, M.D.; and P. Mark Rickman, M.D.,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb, J., concurs
Bernard, J., specially concurs

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


Court of Appeals No. 10CA1157
Morgan County District Court No. 06CV162
Honorable Kevin L. Hoyer, Judge

Board of County Commissioners of the County of Morgan, State of Colorado,

Plaintiff-Appellee,

v.

Elmer Kobobel and Mariam Kobobel,

Defendants-Appellants.

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. 10CA1550
Jefferson County District Court No. 05CR2621
Honorable Jack Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Torres,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals Nos. 10CA1562 & 11CA0509
Larimer County District Court No. 04CV2483
Honorable Dave Williams, Judge

Stephen P. Castle and Linda M. Castle,

Plaintiffs-Appellants,

v.

LT Builders, LLC,

Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1580
Pitkin County District Court No. 08CV44
Honorable Denise K. Lynch, Judge

Mark Alan Kittle,

Plaintiff-Appellant,

v.

St. Jude’s Company, a Colorado general partnership,

Defendant-Appellee.

JUDGMENT VACATED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur

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


Court of Appeals No. 10CA2239
Adams County District Court No. 05CR3749
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Valene Renee Ferri,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2348
Arapahoe County District Court No. 08DR2790
Honorable Robert H. Russell, Judge

In re the Marriage of

Ruben Tracy Mackintosh,

Appellee,

and

Lara Mackintosh,

Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 10CA2404
Larimer County District Court No. 09CR514
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Lindsay Butler,

Defendant-Appellant.

JUDGMENT VACATED 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. 10CA2405
Larimer County District Court No. 06CR1632
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Lindsay Butler,

Defendant-Appellant.

ORDER REVERSED 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. 10CA2494
Arapahoe County District Court No. 04CR2163
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antowyn Tyree Bolling,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE FURMAN
Webb and Márquez*, JJ., concur

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


Court of Appeals No. 10CA2623
Adams County District Court No. 09CR933
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dervin Leru Taylor,

Defendant-Appellant.

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

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

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


Court of Appeals No. 11CA0061
San Juan County District Court No. 09CV3
Honorable Gregory G. Lyman, Judge

Todd C. Hennis; San Juan Corporation, a Colorado corporation; and Salem Minerals, Inc., a Colorado corporation,

Plaintiffs-Appellees,

v.

Colorado Goldfields, Inc., a Nevada corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED, ORDER VACATED,
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. 11CA0133
Weld County District Court No. 06DR635
Honorable Julie C. Hoskins, Judge

In re the Marriage of

Laura M. Ruppel, f/k/a Laura Nichols,

Appellee,

and

Curran P. Nichols,

Appellant.

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

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

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


Court of Appeals No. 11CA0137
Pitkin County District Court No. 05CR64
Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Oscar Castaneda-Zelaya,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE DAILEY
Fox, J., concurs
Taubman, J., dissents

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


Court of Appeals No. 11CA0236
Jefferson County District Court No. 08CV1203
Honorable Margie L. Enquist, Judge

Robert Todaro and Tomson’s Construction,

Plaintiffs-Appellees,

v.

General Steel Domestic Sales, LLC, d/b/a General Steel; Capital Steel Industries, LLC, d/b/a Capital Steel; Jeffrey Knight; Jonah Goldman; Megan Nylander; Steven Paige; and Luke Boddy,

Defendants-Appellants.

ORDER VACATED

Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Taubman, J., concur

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


Court of Appeals No. 11CA0361
Arapahoe County District Court No. 07CV1040
Honorable Charles M. Pratt, Judge

First American Title Insurance Company,

Plaintiff-Appellee and Cross-Appellant,

v.

Mile High Investors, LLC; and Jeffrey D. Lavenhar,

Third-Party Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA0502
Boulder County District Court No. 10CV375
Honorable Lael E. Montgomery, Judge

Barbara K. Brown, Ph.D.; and Karen A. Hammer,

Plaintiffs-Appellants,

v.

Rabbi Joshua Adam Rose; Rabbi Deborah Ruth Bronstein; and Congregation Har Hashem, a Colorado corporation,

Defendants-Appellees.

JUDGMENT Affirmed

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

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


Court of Appeals No. 11CA0853
Jefferson County District Court No. 07DR336
Honorable R. Brooke Jackson, Judge

In re the Marriage of

Gary L. Snyder,

Appellant,

and

Janice J. Snyder

Appellee,

and Concerning Jefferson County Department of Human Services,

Intervenor.

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. 11CA0859
City and County of Denver District Court No. 09CV10140
Honorable A. Bruce Jones, Judge
Honorable John W. Madden, IV, Judge

John Toney and Valerie Toney,

Plaintiffs-Appellants,

v.

Douglas Leo Romero and Law Offices of Douglas L. Romero,

Defendants-Appellees.

ORDER AND JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0906
El Paso County District Court No. 06DR3465
Honorable Theresa M. Cisneros, Judge

In re the Marriage of

Diane Mary Hamilton, f/k/a Diane Hamilton Stumpe,

Appellee,

and

William E. Stumpe,

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. 11CA0907
Jefferson County District Court No. 06DR867
Honorable John L. Livingston, Judge

In re the Marriage of

Julie L. Rose-Boelsterli,

Appellee,

and

James Davis,

Appellant.

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

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

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


Court of Appeals No. 11CA0937
Garfield County District Court No. 07CV224
Honorable Gail H. Nichols, Judge

James Bailey, Nancy Bailey, Rhonda Busch-Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, Linda Sanders, Robert Cordova, Carolyn Cordova, Tim Fink, Bruce Albert Berner, Barbara Filippone, Summer Haeske, and Francis Leintz,

Plaintiffs-Appellants,

v.

Henry Thomas Willison, individually; Linda Willison, individually; William Thompson, individually; Patricia Thompson, individually; Valley Commercial Plaza VCP 1, LLC, d/b/a Valley Commercial Plaza; and Crystal Property Management,

Defendants-Appellees.

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

Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur

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


Court of Appeals No. 11CA1240
Arapahoe County District Court No. 10CV309
Honorable Michael J. Spear, Judge

Marcella A. Herrera,

Plaintiff-Appellee,

v.

Diana L. Gendron,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2098
Weld County District Court No. 10JV416
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.D., a Child,

and Concerning S.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA2307
City and County of Denver Juvenile Court No. 10JV1538
Honorable Frank Plaut, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.G.N., Jr., a Child,

and Concerning S.G.N.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur

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


Court of Appeals No. 11CA2387
Arapahoe County District Court No. 07CR1856
Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jacob Boyice,

Defendant-Appellant.

ORDER AFFIRMED, APPEAL DISMISSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division B
Casebolt, Webb, and Booras, JJ.
PER CURIAM

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


PETITIONS FOR REHEARING

Court of Appeals No. 07CA0561

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Keith Ray,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 07CA1867

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.D.K.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1008

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Allen J. Wesson,

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 || April 5, 2012

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