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Colorado Court of Appeals Opinions || May 17, 2012

Colorado Court of Appeals -- May 17, 2012
Announcement Sheet

 UNPUBLISHED OPINIONS

Court of Appeals No. 06CA1761
City and County of Denver District Court No. 05CR2056
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Curtis Gordon Adams,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 06CA1762
City and County of Denver District Court No. 05CR186
Honorable Shelley I. Gilman, Judge
Honorable Larry J. Naves, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Curtis Gordon Adams,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur

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


Court of Appeals No. 06CA2652
Jefferson County District Court Nos. 05CR913 & 05CR1331
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Keith Renander,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur

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


Court of Appeals No. 08CA1988
Jefferson County District Court No. 96CR1128
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fermin Raymond Hinojos,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE RICHMAN
Roy and Plank*, JJ., concur

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


Court of Appeals No. 09CA1348
Bent County District Court Nos. 08CR16 & 08CR33
Honorable Michael A. Schiferl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vern Lafayette Faus,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur

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


Court of Appeals No. 09CA2149
Weld County District Court No. 08CR383
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Noe Velasquez,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART
AND CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE RICHMAN
Miller, J., concurs
Román, J., concurs in part and dissents in part

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


Court of Appeals No. 09CA2353
City and County of Denver District Court No. 08CR3667
Honorable William W. Hood, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Silvanna Guerra,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE LOEB
Hawthorne and Miller, JJ., concur

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


Court of Appeals No. 09CA2582
Adams County District Court No. 06CR2839
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Armando Valle-Santana,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur

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


Court of Appeals No. 09CA2684
Broomfield County District Court No. 07CR241
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thersa Ann Rohan,

Defendant-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. 10CA0385
Jefferson County District Court No. 09CR493
Honorable Jack W. Berryhill, Judge
Honorable Tammy K. Greene, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Blake Wayne Burnett,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur

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


Court of Appeals No. 10CA0679
Weld County District Court No. 08CR2264
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luz Miguel Melendez,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur

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


Court of Appeals No. 10CA0836
Mesa County District Court No. 02CR1493
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edgar Linton Tucker,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur

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


Court of Appeals No. 10CA1569
El Paso County District Court No. 06CR1972
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Eugene Valcik,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 10CA2300
Adams County District Court No. 09CR1527
Honorable Patrick T. Murphy, Judge
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Douglas Junior Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and Jones, J., JJ., concur

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


Court of Appeals No. 10CA2542
Weld County District Court No. 10CR344
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trinidad Ramos,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur

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


Court of Appeals No. 11CA0067
Weld County District Court No. 09CR1033
Honorable Gilbert Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Rios-Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0166
El Paso County District Court No. 09CR4658
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy Dion Melons,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE LOEB
Hawthorne and Miller, JJ., concur

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


Court of Appeals No. 11CA0178
Adams County District Court No. 04CR2403
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gabriel Guzman-Torres,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Graham and Furman JJ., concur

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


Court of Appeals No. 11CA0356
City and County of Denver District Court No. 06CR7632
Honorable Robert L. McGahey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ralph Vincent Martin,

Defendant-Appellant.

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

Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0513
Arapahoe County District Court No. 98CR1309
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samer Ajoor,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur

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


Court of Appeals No. 11CA0811
El Paso County District Court No. 93CR354
Honorable William B. Bain, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sammie Lee Denson,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Lichtenstein and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA0877
City and County of Denver District Court No. 09CV9872
Honorable Michael A. Martinez, Judge

Bloom Murr & Accomazzo, P.C.; and Joseph Murr,

Plaintiffs-Appellees,

v.

1117 Summit Trail Investors, LLC,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Russel and Jones, J., JJ., concur

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


Court of Appeals No. 11CA1040
Jefferson County District Court No. 05DR0349
Honorable Margie L. Enquist, Judge

In re the Marriage of

Palma Benedetta Martens,

Appellee,

and

Steven Paul Martens,

Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH INSTRUCTIONS

Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur

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


Court of Appeals No. 11CA1119
Industrial Claim Appeals Office of the State of Colorado
DD No. 5790-2011

Mickey A. Nichols,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Marks Furs, Inc.,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J. and Plank*, J., concur

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


Court of Appeals No. 11CA1305
City and County of Denver District Court No. 10CV4783
Honorable R. Michael Mullins, Judge

M&R Development, LLP; Dodge Meadows; and Doug Ryder,

Plaintiffs-Appellants,

v.

Moody Insurance Agency, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 11CA1359
Larimer County District Court No. 09PR235
Honorable Stephen J. Schapanski, Judge

In re the Estate of Frances E. Rickard, deceased,

and

Virginia Joanne Nissen,

Intervenor-Appellant,

v.

Mary Elizabeth McChesney,

Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur

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


Court of Appeals No. 11CA1407
Jefferson County District Court No. 11CV283
Honorable Jack W. Berryhill, Judge

Interstate Transportation Incorporated, an Indiana corporation,

Plaintiff-Appellant,

v.

Edward Cudahy, a/k/a Edward I. Cudahy; and Specialized Motorsports, LLC, a Colorado limited liability corporation,

Defendants-Appellees.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA1509
Delta County District Court No. 09CV119
Honorable J. Steven Patrick, Judge

Judith Braham,

Plaintiff-Appellant,

v.

Colin Hutto,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur

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


Court of Appeals No. 11CA1512
El Paso County District Court No. 11CV1860
Honorable Michael P. McHenry, Judge

Kenneth A. Barela and A&E Management Group, Inc., d/b/a A&E Management Services, Inc., and A&E Management, Inc.,

Plaintiffs-Appellants,

v.

Rasa Krasauskiene and Ross Krasauskiene,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur

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


Court of Appeals No. 11CA2631
Teller County District Court No. 11JV4
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.P. and H.P., Children,

and Concerning M.P.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE PLANK*
Davidson, C.J. and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA0136
Industrial Claim Appeals Office of the State of Colorado
DD No. 9936-2011

Gary E. Moscinski,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Schneider National Carriers, Inc.,

Respondents.

ORDER AFFIRMED

Division C
Opinion by JUDGE RICHMAN
Miller, J, concurs
Taubman, J, dissents

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

Court of Appeals No. 12CA0285
El Paso County District Court No. 12CR53
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Mark Burdine,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur

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


Court of Appeals No. 12CA0304
City and County of Denver Juvenile Court No. 10JV1729
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.J.L. and K.N.L., Children,

and Concerning G.E.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA0061

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.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1623

Susie Cardenas,

Plaintiff-Appellant,

v.

Jennifer Kay Cardenas,

Defendant-Appellee.

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 || May 17, 2012

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