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Colorado Court of Appeals Opinions || June 28, 2012

Colorado Court of Appeals -- June 28, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

 Court of Appeals No. 08CA2560
Arapahoe County District Court No. 07CR810
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl Joseph Nance,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE MÁRQUEZ*
Román and Gabriel, JJ., concur

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


Court of Appeals No. 09CA0732
Adams County District Court No. 06CR3170
Honorable Chris Melonakis, Judge
Honorable C. Vincent Phelps, Judge
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Driss Tico Abouali,

Defendant-Appellant.

JUDGMENT REVERSED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA0877
Adams County District Court No. 05CR1013
Honorable Thomas R. Ensor, Judge
Honorable C. Scott Crabtree, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jimmie Darryl Halsey,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur

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


Court of Appeals No. 09CA1360
City and County of Denver District Court No. 07CR6011
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jamilyah Nelson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Román and Márquez*, JJ., concur

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


Court of Appeals No. 09CA1946
Arapahoe County District Court No. 97CR4188
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Medicine-Blanket,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA1963
Pueblo County District Court No. 08CR940
Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Salas Roebuck,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur

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


Court of Appeals No. 10CA1185
Arapahoe County District Court No. 09CR658
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Malachi Darnelle Johnson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1217
Weld County District Court No. 09CR1955
Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Joel Palos,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA2502
City and County of Denver District Court No. 09CR10301
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nadine Montoya,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROMÁN
Ney* and Nieto*, JJ., concur

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


Court of Appeals No. 11CA0110
Jefferson County District Court No. 09CR2494
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrian Devon Morrison,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B
Román, Ney* and Nieto*, JJ.
PER CURIAM

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


Court of Appeals No. 11CA0148
Arapahoe County District Court No. 08CR1917
Honorable Marilyn Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asres Fikre Tolossa,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0244
Eagle County District Court No. 10CV373
Honorable R. Thomas Moorhead, Judge

Ivan Kaufman and Lisa Kaufman, Trustees of the Lisa Kaufman Qualified Personal Residence Trust,

Plaintiffs-Appellants,

v.

Solaris Property Owner, LLC,

Defendant-Appellee,

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA0627
City and County of Denver District Court No. 86CR2489
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas P. McGrath,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA0714
Adams County District Court No. 10CV1564
Honorable C. Scott Crabtree, Judge

Thomas Reed Owens,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its Executive Director, Roxie Huber,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0834
Adams County District Court Nos. 06CR3887 & 07CR257
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lucky Denny,

Defendant-Appellant.

ORDER 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. 11CA1031
Jefferson County District Court No. 08CR2368
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Lucas Howell,

Defendant-Appellant.

SENTENCE 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. 11CA1232
City and County of Denver District Court No. 09CR1241
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Wolfe Rosen,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1431
Adams County District Court No. 10CV248
Honorable Katherine R. Delgado, Judge
Honorable C. Scott Crabtree, Judge

Ricardo Flores Magón Academy, a Colorado nonprofit corporation and public charter school,

Plaintiff-Appellant,

v.

Eagle Heights Properties, LLC, a Colorado limited liability company,

Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
Román and Márquez*, JJ., concur

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


Court of Appeals No. 11CA1491
El Paso County District Court No. 09CV7110
Honorable G. David Miller, Judge

Rajan Gurung,

Plaintiff-Appellee,

v.

Mordechai Orian,

Defendant-Appellant.

JUDGMENT AND ORDER 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. 11CA1502
Arapahoe County District Court No. 05CR3867
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl Davis, Jr.,

Defendant-Appellant.

ORDER 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. 11CA1631
Jefferson County District Court No. 10CV3204
Honorable Christopher J. Munch, Judge

Rex Aoki,

Plaintiff-Appellee,

v.

Japan Food Concepts, Inc., d/b/a Kobe An,

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. 11CA2011
El Paso County District Court No. 00CR4508
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy M. Petschow,

Defendant-Appellant.

ORDER AFFIRMED

Division B
Román, Ney* and Nieto*, JJ.
PER CURIAM

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


Court of Appeals No. 11CA2242
Industrial Claim Appeals Office of the State of Colorado
DD No. 18400-2011

Heather C. Washington,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Community Options, Inc.,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur

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


Court of Appeals No. 11CA2261
Logan County District Court No. 11CV45
Honorable Kevin L. Hoyer, Judge

Charles A. Farrar,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur

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


Court of Appeals No. 11CA2268
City and County of Denver District Court No. 07CR981
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald G. Nickerson,

Defendant-Appellant.

ORDER 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. 11CA2394
Industrial Claim Appeals Office of the State of Colorado
DD No. 12851-2011

Joanne L. Slahta,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Discovery Outsourcing, LLC,

Respondents.

ORDER 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. 12CA0193
Industrial Claim Appeals Office of the State of Colorado
DD No. 22688-2011

William J. Edwards,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and John Q. Hammons Hotels Management, LLC,

Respondents.

ORDER 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. 12CA0283
Mesa County District Court No. 10JV474
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.C.L.P., a Child,

and Concerning J.P.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0401
Montrose County District Court No. 10JV22
Honorable James W. Schum, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.M., Z.M., S.M., D.M., and Z.M., Children,

and Concerning B.M. and C.M.,

Respondents-Appellants.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0433
Industrial Claim Appeals Office of the State of Colorado
DD No. 22375-2011

Nyosha Ervin,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Smith & Cook, LLC,

Respondents.

ORDER AFFIRED

Division IV
Opinion by JUDGE VOGT*
Davidson, C.J. and Sternberg*, J., concur

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


Court of Appeals No. 12CA0516
Industrial Claim Appeals Office of the State of Colorado
DD No. 29265-2011

David K. Edwards,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc.,

Respondents.

ORDER AFFIRMED

Division C
Terry, Booras, and Fox, JJ.
PER CURIAM

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


Court of Appeals No. 12CA0559
City and County of Denver Juvenile Court No. 10JV2483
Honorable Donna J. Schmalberger, Judge

----------AND----------

Court of Appeals No. 12CA0560
City and County of Denver Juvenile Court No. 11JV1449
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.J.M.G. and J.M.M-G., Children,

and Concerning J.J.M.,

Respondent-Appellant.

JUDGMENTS AFFIRMED

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

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


Court of Appeals No. 12CA0611
Industrial Claim Appeals Office of the State of Colorado
DD No. 29104-2011

Janet K. Engquist,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Aspen Hills Assisted Living, LLC,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1988

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fermin Raymond Hinojos,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 09CA1141

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Florencio Guzman,

Defendant-Appellant.

Petition for Rehearing DENIED
Webb, J., would GRANT

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


Court of Appeals No. 09CA2149

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Noe Velasquez,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0514

Orion Development, LLC,

Plaintiff-Appellant,

v.

Wheat Ridge 2020, LLC,

Defendant-Appellee.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals Nos. 11CA0744 & 11CA2317

Zeke Coffee, Inc., a Colorado corporation; and Darren Spreeuw,

Plaintiffs-Appellants,

v.

Pappas-Alstad Partnership, a Colorado partnership,

Defendant-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 || June 28, 2012

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