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Colorado Court of Appeals Opinions || May 3, 2012

Colorado Court of Appeals -- May 3, 2012
Announcement Sheet

 

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA2167
City and County of Denver District Court No. 07CR5498
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Horacio Mejia,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE TERRY
Gabriel and Márquez*, JJ., concur

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


Court of Appeals No. 09CA2201
El Paso County District Court No. 08CR2576
Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jessi L. Raczykowski,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE TERRY
Gabriel and Marquez*, JJ., concur

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


Court of Appeals No. 09CA2250
Weld County District Court No. 09CR17
Honorable James F. Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Armando Marquez-Gonzalez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2757
City and County of Denver District Court No. 08CR561
Honorable William W. Hood, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexis R. Ortiz,

Defendant-Appellant.

ORDER 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. 10CA0212
Gilpin County District Court No. 97CR3
Honorable Jack W. Berryhill, Judge

Honorable Henry Nieto, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawn E. Childs,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Terry and Márquez*, JJ., concur

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


Court of Appeals No. 10CA0319
Adams County District Court No. 08CR3203
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Flores,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE GABRIEL
Terry and Márquez*, JJ., concur

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


Court of Appeals No. 10CA0691
Jefferson County District Court No. 09CR1314
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Chanel Renee Butts,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1062
El Paso County District Court No. 09CR1232
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tim Fogle,

Defendant-Appellant.

Judgment Affirmed

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

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


Court of Appeals No. 10CA1640
Weld County District Court No. 09CR2014
Honorable Dinsmore Tuttle, Judge

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

L.C. Williams, Jr.,

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. 10CA1722
Adams County District Court No. 03CR3413
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eldridge Jarmon, Jr.,

Defendant-Appellant.

ORDER 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. 10CA1784
Larimer County District Court No. 09CR1188
Honorable Terrence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Frank Francis Meyers,

Defendant-Appellant.

JUDGMENTS 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. 10CA2244
Grand County District Court No. 09CR145
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ryan C. Baumberger,

Defendant-Appellant.

JUDGMENT AFFIRMED 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 Nos. 11CA0064 & 11CA0202
Office of Administrative Courts of the State of Colorado
Case No. OS 2010-0009

Colorado Ethics Watch,

Complainant-Appellant and Cross-Appellee,

v.

Clear the Bench Colorado,

Respondent-Appellee and Cross-Appellant,

and

Office of Administrative Courts,

Appellee.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0094
El Paso County District Court No. 09CV6837
Honorable Timothy J. Schutz, Judge

C&C Excavating, Inc. and Earth Contractors, Inc.,

Plaintiffs-Appellants and Cross-Appellees,

v.

Richard C. Whaley,

Defendant-Appellee and Cross-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. 11CA0456
City and County of Denver District Court No. 00CR2934
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Van Ivan Thompson,

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. 11CA0576
City and County of Denver District Court No. 98CR1295
Honorable J. Stephen Phillips, Judge
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Major Vann,

Defendant-Appellant.

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

Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 11CA0645
Arapahoe County District Court No. 10CR642
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Carver Delk,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 11CA0749
Adams County District Court No. 09CR3450
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vernold Lee Harrell,

Defendant-Appellant.

APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE J. JONES
Casebolt, J., concurs
Hawthorne, J., dissents

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


Court of Appeals No. 11CA0901
El Paso County District Court No. 02DR3874
Honorable Barney Iuppa, Judge

In re the Marriage of

Peggy L. Weber,

Appellee,

and

Daniel Charles Weber,

Appellant.

ORDERS 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. 11CA1012
Fremont County District Court No. 07CR731
Honorable Valerie Jo Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Vigil,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 11CA1383
Arapahoe County District Court No. 10CV734
Honorable J. Mark Hannen, Judge

First American State Bank,

Plaintiff-Appellee,

v.

Mahinder Bajaj,

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. 11CA1546
El Paso County District Court No. 10JA280
Honorable David L. Shakes, Judge

In the Matter of the Petition of J.A.B.,

Petitioner-Appellee,

for the Adoption of S.T.W., a Child,

and Concerning A.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1758
Jefferson County District Court No. 07DR397
Honorable Christopher J. Munch, Judge

In re the Marriage of

Marcia F. Loomas, n/k/a Marcia Freeman,

Appellee,

and

Robert N. Loomas, Jr.,

Appellant.

ORDER AFFIRMED

Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J. and Vogt*, J., concur

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


Court of Appeals No. 11CA2238
Industrial Claim Appeals Office of the State of Colorado
DD No. 18262-2011

Jeani K. Sanderson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Hospice of Saint John,

Respondents.

ORDER AFFIRMED

Division C
Taubman, Richman, Miller, JJ.
PER CURIAM

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


Court of Appeals No. 11CA2380
Larimer County District Court No. 10JV418
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.H., a Child,

and Concerning J.E.H.,

Respondent-Appellant

and

T.H.,

Appellee.

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

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

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


Court of Appeals No. 11CA2531
City and County of Denver District Court No. 94CR578
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawn Mandel Winkler,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 11CA2601
Adams County District Court No. 10JV448
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.F. and T.L.F., Children,

and Concerning S.F. and S.W.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0019
Industrial Claim Appeals Office of the State of Colorado
DD No. 5822-2011

Loree K. Eatherton,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Adams County School District No. 14,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0220
Pueblo County District Court No. 11MH34
Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Lee A. DuBois,

Respondent-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA1373

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Douglas Hugh Chadwick,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0315

Shellie Glynn Blaco,

Plaintiff-Appellant,

v.

The Colorado Department of Revenue, Division of Motor Vehicles,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0531

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; and Warden of the Colorado Territorial Correctional Facility,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0943

William Joseph Wegrich,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its executive director, Roxie Huber,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1068

Shawn Mandel Winkler,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections and Warden of the Sterling Correctional Facility,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1495

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

Petitioner-Appellee,

v.

Ivar W. Larson and Donna M. Larson,

Respondents-Appellants.

Petition for Rehearing DENIED

J. Jones, J. would GRANT

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


Court of Appeals No. 11CA1982

Charles M. Meyers,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Echosphere, LLC,

Respondents.

Petition for Rehearing DENIED

Webb, J., would GRANT

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 || May 3, 2012

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