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Colorado Court of Appeals Opinions || July 5, 2012

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

 

 

PUBLISHED OPINIONS

Court of Appeals No. 09CA1119
Delta County District Court No. 99CR96
Honorable James W. Schum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dean Carbajal,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 09CA2396
City and County of Denver District Court No. 07CR10332
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hysear Don Randell,

Defendant-Appellant.

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

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


Court of Appeals No. 09CA2629
Mesa County District Court No. 08CR1635
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Crecenciano Munoz-Casteneda,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur


Court of Appeals No. 10CA2382
Arapahoe County District Court No. 10CV798
Honorable Christopher C. Cross, Judge

Tom Francen,

Petitioner-Appellee,

v.

Colorado Department of Revenue, Division of Motor Vehicles,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE J. JONES
Russel, J., concurs
Taubman, J., dissents


Court of Appeals No. 11CA0950
Weld County District Court No. 10CR1771
Honorable Todd Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Alexander Kovacs,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1019
Weld County District Court No. 10CV1079
Honorable Dinsmore Tuttle, Judge

Alexa Rae Loveland, a minor, by and through her parents and next friends, Randy Loveland and Mary Nicole Loveland; Randy Loveland, individually; and Mary Nicole Loveland, individually,

Plaintiffs-Appellants,

v.

St. Vrain Valley School District RE-1J and Cathy O’Donnell,

Defendants-Appellees.

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

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


Court of Appeals No. 11CA1041
Adams County District Court No. 10CV1611
`
Honorable Edward C. Moss, Judge

Jimmie Louise Gray, individually and as Personal Representative of the Estate of Charles Gray; Teresa Leeper; David Gray; and Tim Gray,

Plaintiffs-Appellants,

v.

University of Colorado Hospital Authority, a body corporate and political subdivision of the State of Colorado; University of Colorado Hospital; Mark Spitz, M.D.; Archana Shrestha, M.D.; Christy Barbee-Young, M.D.; Mollie Startzer, R.N.; Beverly Solas-Fajardo, C.N.A.; Jason Booe; Jacqueline Funk; and John Doe and Jane Doe,

Defendants-Appellees.

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

Division VI
Opinion by JUDGE BERNARD
Román, J., concurs
Gabriel, J., specially concurs


Court of Appeals No. 11CA1136
Douglas County District Court No. 07CV1417
Honorable Paul A. King, Judge

Brandon McLaughlin; Michael McLaughlin; and Selina McLaughlin,

Plaintiffs-Appellees,

v.

Christopher Oxley; Ricardo Sison; and Ability Specialists, Inc.,

Defendants-Appellants.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1251
Arapahoe County District Court No. 09CV1855
Honorable Charles M. Pratt, Judge

Adam Robert Vanderpool,

Plaintiff-Appellant,

v.

Jeremy Rhys Loftness,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1326
Arapahoe County District Court No. 06CR646
Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Hill,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA0512
Arapahoe County District Court No. 07CR2460
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Jerome Pint,

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. 09CA1582
Adams County District Court No. 08CR2555
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremiah Allen Riggen,

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. 09CA2580
El Paso County District Court No. 99CR147
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Blanch Cleveland Hodge,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA0036
Weld County District Court No. 08CR2379
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trinidad Anthony Ramos,

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. 10CA0098
El Paso County District Court No. 02CR3477
Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marlon Laja Smith,

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. 10CA0280
Boulder County District Court No. 08DR1488
Honorable James C. Klein, Judge

In re the Marriage of

Curtiss W. Wright,

Appellant,

and

Kelli Wright, n/k/a Kelli Scharfenberg,

Appellee.

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. 10CA0475
El Paso County District Court No. 09CR2388
Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Sims, Jr.,

Defendant-Appellant.

JUDGMENT 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. 10CA0536
El Paso County District Court No. 08CR5107
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Antonio Espinosa,

Defendant-Appellant.

JUDGMENTS AND SENTENCES REVERSED
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1733
Weld County District Court No. 08CR2346
Honorable Thomas J. Quammen, Judge
Honorable William L. West, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Martin Perez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA2132
Fremont County District Court No. 08CR163
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raul Hurtado Marquez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA2133
Fremont County District Court Nos. 08CR265 & 08CR266
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raul Hurtado Marquez,

Defendant-Appellant.

JUDGMENTS AFFIRMED

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

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


Court of Appeals No. 10CA2339
Arapahoe County District Court No. 00CR1449
Honorable Robert H. Russell, II, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Billie Don Williams,

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. 10CA2458
Boulder County District Court No. 07CR1890
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Cardillo,

Defendant-Appellant.

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. 11CA0598
City and County of Denver District Court No. 05DR3032
Honorable Herbert L. Stern, III, Judge

In re the Marriage of

Luz Maria S. Jimenez,

Appellee,

and

Francisco X. De Leon,

Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0917
Eagle County District Court No. 04CV565
Honorable R. Thomas Moorhead, Judge

Debbie Bonidy,

Plaintiff-Appellee,

v.

Vail Valley Center for Aesthetic Dentistry, P.C., and James J. Harding, DDS,

Defendants-Appellants.

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. 11CA0997
Chaffee County District Court No. 10CV145
Honorable Charles M. Barton, Judge

Michael D. Barry,

Plaintiff-Appellant,

v.

Colorado Department of Corrections Employees at the Buena Vista Correctional Facility,

Defendants-Appellees.

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. 11CA1152
Mesa County District Court No. 10DR236
Honorable Brian J. Flynn, Judge

In re the Marriage of

Alina Toczek,

Appellee,

and

Rocky Castillo,

Appellant.

JUDGEMENT 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. 11CA1698
Fremont County District Court No. 11CV75
Honorable Stephen A. Groome, Judge

John H. James,

Plaintiff-Appellant,

v.

Colorado Department of Corrections; Cynthia A. Smith, Law Library Official; and Susan Jones, Warden of the Centennial Correctional Facility,

Defendants-Appellees.

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. 11CA1720
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-791-626

Terrie Green,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Colorow Health Care Center, LLC; and Pinnacol Assurance,

Respondents.

ORDER 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. 11CA1821
Jefferson County District Court No. 11CV1580
Honorable Christie B. Phillips, Judge

Omar Duwaik,

Plaintiff-Appellant,

v.

JPMorgan Chase Bank, NA,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2326
El Paso County District Court No. 05CR1757
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Abramo Fontana,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE STERNBERG*
Russel and Jones, JJ., concur

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


Court of Appeals No. 12CA0134
Industrial Claim Appeals Office of the State of Colorado
DD No. 17571-2011

Pipeline Contractors, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Division of Employment and Training,

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0236
Industrial Claim Appeals Office of the State of Colorado
DD No. 20665-2011

Electronic Payment Systems, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Scott A. Kannenberg,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA0607
Weld County District Court No. 11JV236
Honorable Marcelo A. Kopkow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning R.D. and M.C.K.,

Respondents-Appellants.

JUDGMENT AFFIRMED

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

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


PEITITONS FOR REHEARING

Court of Appeals No. 08CA2632

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Charles Wells,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1468

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Richard Lawrence,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1970

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard Baker,

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 || July 5, 2012

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