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Colorado Court of Appeals Opinions || May 31, 2012

Colorado Court of Appeals -- May 31, 2012
Announcement Sheet

ANNOUNCEMENTS

COLORADO COURT OF APPEALS

MAY 31, 2012

"Slip opinions" are the opinions as filed by the judges with the clerk. Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.

U N P U B L I S H E D O P I N I O N S

Court of Appeals No. 07CA1548

El Paso County District Court No. 00CR379

Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norman Michael Simpson,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

J. Russel and Vogt*, JJ., concur

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

Court of Appeals No. 07CA1551

El Paso County District Court No. 00CR230

Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norman Michael Simpson,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

J. Jones and Vogt*, JJ., concur

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

Court of Appeals No. 08CA0107

City and County of Denver District Court No. 06CR2963

Honorable Anthony F. Vollack, Judge

Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose A. Ortiz-Garcia,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BOORAS

Terry and Fox, JJ., concur

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

Court of Appeals No. 08CA2699

Adams County District Court No. 07CR1984

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger David Johnson, Jr.,

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. 09CA0249

City and County of Denver District Court No. 03CR3193

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Lee Garcia,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE RUSSEL

Furman, J., concurs

Webb, J., specially concurs

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

Court of Appeals No. 09CA0407

Arapahoe County District Court No. 03CR1217

Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicholas L. Foster,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, J.J., concur

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

Court of Appeals No. 09CA1584

Jefferson County District Court No. 91CR676

Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Marie Dominguez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Rothenberg* and Kapelke*, JJ., concur

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

Court of Appeals No. 09CA1847

Arapahoe County District Court No. 05CR2493

Honorable Kurt A. Horton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gayna Lanee Schliske,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Román and Gabriel, JJ., concur

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

Court of Appeals No. 09CA2203

City and County of Denver District Court No. 03CR3843

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Johnson,

Defendant-Appellant.

SENTENCE VACATED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MILLER

Casebolt and Lichtenstein, JJ., concur

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

Court of Appeals No. 10CA0175

City and County of Denver District Court No. 09CR1933

Honorable William W. Hood, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Behnam Tucker,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Román and Ney*, JJ., concur

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

Court of Appeals No. 10CA0585

El Paso County District Court No. 08CR4846

Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sarena Renee Carlin,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Rothenberg* and Kapelke*, JJ., concur

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

Court of Appeals No. 10CA1045

Fremont County District Court No. 08CR333

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Verne Clarence Haney,

Defendant-Appellant.

JUDGMENTS AND SENTENCES AFFIRMED

Division III

Opinion by JUDGE DAILEY

Roy and Nieto*, JJ., concur

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

Court of Appeals No. 10CA1779

Douglas County District Court No. 05CR402

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Loren Turley,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Roy and Nieto*, JJ., concur

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

Court of Appeals No. 10CA1884

Larimer County District Court No. 09CR1318

Honorable Stephen J. Schapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel G. Ogden,

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. 10CA1930

City and County of Denver District Court No. 07DR3460

Honorable Norman D. Haglund, Judge

In re the Marriage of

Bevin Hartnett,

Appellee,

and

Nancy Nowell,

Appellant.

ORDERS AFFIRMED IN PART AND VACATED IN PART

Division VI

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

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

Court of Appeals No. 10CA2384

Larimer County District Court No. 07CV1195

Honorable Gregory M. Lammons, Judge

Gallery Homes, Inc.,

Plaintiff-Appellant and Cross-Appellee,

v.

Terracon Consultants, Inc., d/b/a Terracon Consulting Engineers & Scientists,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Ney* and Vogt*, JJ., concur

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

Court of Appeals No. 10CA2614

Adams County District Court No. 09CR1676

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Felix Dino Trujillo,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE FOX

Terry and Booras, JJ., concur

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

Court of Appeals No. 11CA0270

Weld County District Court No. 10CR472

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kyle Joseph Johns,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA0273

El Paso County District Court No. 06CR2656

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 BERNARD

Román and Gabriel, JJ., concur

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

Court of Appeals No. 11CA0299

Mesa County District Court Nos. 98CR1531, 99CR1016. 99CR1096, 99CR1144, 99CR979

Honorable Thomas Michael Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael William Hunter,

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. 11CA0561

Adams County District Court No. 10CR2368

Honorable Robert S. Doyle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ray John Roberts,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN

PART, AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE TERRY

Booras and Fox, JJ., concur

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

Court of Appeals No. 11CA0777

Jefferson County District Court No. 10CV1896

Honorable Tamara S. Russell, Judge

Regional Transportation District, a political subdivision of the State of Colorado,

Petitioner-Appellant and Cross-Appellee,

v.

Lisa & Tom Enterprises, LLC, a Colorado corporation,

Respondent-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED 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. 11CA0949

City and County of Denver District Court Nos. 08CR541, 08CR1307, 08CR10214 & 08CR10215

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael K. Lollis,

Defendant-Appellant.

ORDER 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. 11CA1317

City and County of Denver District Court No. 10CV8332

Honorable Ann B. Frick, Judge

Patricia A. Evans,

Plaintiff-Appellant,

v.

Castle Meinhold & Stawiarski, LLC; and Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A., as Trustee,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE NIETO*

Roy and Kapelke*, JJ., concur

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

Court of Appeals No. 11CA1423

City and County of Broomfield District Court No. 10DR259

Honorable Thomas R. Ensor, Judge

In re the Marriage of

Michael Last,

Appellee,

and

Olga Last,

Appellant.

ORDER REVERSED, JUDGMENT 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. 11CA1564

Teller County District Court No. 08DR39

Honorable Edward S. Colt, Judge

In re the Marriage of

Astrid Sorensen,

Appellee,

and

Mogens Sorensen,

Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE FURMAN

Casebolt and Sternberg*, JJ., concur

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

Court of Appeals No. 12CA0184

Industrial Claim Appeals Office of the State of Colorado

DD No. 27122-2011

David Muniz,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Vitamin Cottage Natural Food Markets,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE KAPELKE*

Davidson, C.J. and Rothenberg*, J., concur

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

P E T I T I O N S F O R R E H E A R I N G

Court of Appeals No. 10CA2623

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dervin Leru Taylor,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA2661

In re the Marriage of

Debra L. Mann,

Appellant,

and

Leroy M. Mann, Jr.,

Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0823

Luis Silva,

Plaintiff-Appellant,

v.

Maria Wilcox,

Defendant-Appellee.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0921

Fekete Homes, Inc.,

Plaintiff-Appellant,

v.

John Sliman and Stacie Sliman,

Defendants-Appellees.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA1291

In re the Parental Responsibilities of A.B.T., a Child,

and Concerning Susan Nadine Penkoff,

Appellee,

and

Steven K. Terrell,

Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2380

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.

Opinion Modified and

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 31, 2012

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