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Colorado Court of Appeals Opinions || August 23, 2012

Colorado Court of Appeals -- August 23, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA0897
Larimer County District Court No. 05CR1380
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wade Holland Burkham,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA1305
Jefferson County District Court No. 08CR261
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul D. Regnier,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 09CA1913
Adams County District Court No. 08CR3111
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Allan Conklin,

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. 09CA2406
City and County of Denver District Court No. 07CR10494
Honorable Anne M. Mansfield, Judge
Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Albert Maestas,

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. 09CA2460
City and County of Denver District Court No. 09CR152
Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis David Gaskin,

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. 09CA2683
Weld County District Court No. 08CR2035
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Moncada-Medrano,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Plank*, J., concurs
Lichtenstein, J., specially concurs

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


Court of Appeals No. 09CA2714
Douglas County District Court Nos. 08CR583 & 08CR655
Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tserennadmi Zorigtbaater,

Defendant-Appellant.

JUDGMENT 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 09CA2774
City and County of Denver District Court No. 09CR25
Honorable William W. Hood, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Alexander Pena,

Defendant-Appellant.

JUDGMENT 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. 10CA0619
Adams County District Court No. 08CR18
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Amadeus Harlan,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA0946
Douglas County District Court No. 08CR223
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Charles Littlejohn,

Defendant-Appellant.

JUDGMENTS 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. 10CA1198
Douglas County District Court No. 09CR160
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cristo Esquibel, Jr.,

Defendant-Appellant.

JUDGMENT REVERSED IN PART, VACATED IN PART,
SENTENCES VACATED, AND CASE REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Lichtenstein, J., concurs
Carparelli, J., concurs in part and dissents in part

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


Court of Appeals No. 10CA1647
Larimer County District Court No. 05CR1913
Honorable Jolene Carman Blair, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy Joe Pevler,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2152
Jefferson County District Court No. 09CR3152
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leroy Damasio Fresquez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN"
Russel, J., concurs
J. Jones, J., specially concurs

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


Court of Appeals No. 11CA0420
Arapahoe County District Court No. 08CR350
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Charles Clemons, Jr.,

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. 11CA1058
City and County of Denver District Court No. 96CR1525
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Lee Watson,

Defendant-Appellant.

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. 11CA1620
Mesa County District Court No. 07CR1700
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul J. Martinez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1736
Douglas County District Court No. 06DR1404
Honorable Angela R. Arkin, Judge

In re the Marriage of

Paul C. Rufien,

Appellant,

and

Darcy L. Rufien,

and Concerning Patricia Post,

Appellee.

ORDERS AFFIRMED 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. 11CA1745
City and County of Denver District Court No. 07CV10268
Honorable Sheila A. Rappaport, Judge

Radine S. Coopersmith,

Plaintiff-Appellant,

v.

Lisa Ward, an individual; Greenberg, Herringer & Ward, LLC; Jeffrey A. Springer, an individual; and Springer & Steinberg, P.C.,

Defendants-Appellees.

JUDGMENT AFFIRMED 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. 11CA1756
Pueblo County District Court No. 10CV819
Honorable Victor I. Reyes, Judge

Bert Potestio,

Plaintiff-Appellee,

v.

Edward Gilley Revocable Trust; Edward Gilley Trust; and all unknown persons or entities who claim an interest in the subject matter of this action,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

Prior Opinion Announced, July 26, 2012 WITHDRAWN

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


Court of Appeals No. 11CA1878
Morgan County District Court No. 09CV234
Honorable Charles M. Hobbs, Judge

Richard Johns,

Plaintiff-Appellant and Cross-Appellee,

v.

State Farm Fire and Casualty Company, an Illinois corporation,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2173
Alamosa County District Court No. 10CV85
Honorable O. John Kuenhold, Judge

Leon Moyer,

Plaintiff-Appellant,

v.

Alamosa County Events and Facilities Local Marketing District; Jeff Woodward, President; Terry Smith, Board Member; Tom Bobicki, Board Member; Danielle Vanveghten, Board Member; Fred Bunch, Board Member; Ignacio Martinez, Board Member; and David Broyles, Secretary-Treasurer,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA2188
Boulder County District Court No. 10CV955
Honorable James C. Klein, Judge

Wells Fargo Bank, N.A.,

Plaintiff-Appellee,

v.

Rosario Ruiz; Gloria Ruiz; and Susana Soledad Ruiz,

Defendants-Appellants.

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. 11CA2269
Adams County District Court No. 07CR1097
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donovan Craig Matthews,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2347
La Plata County District Court No. 09CV150
Honorable Jeffrey R. Wilson, Judge

Floyd Patterson and Deborah Patterson,

Plaintiffs-Appellees,

v.

Joseph Leath and Ronda Angela Leath,

Defendants-Appellants.

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. 11CA2407
Weld County District Court No. 10DR183
Honorable Randall C. Lococo, Magistrate

In re the Marriage of

Carrie Ricketts,

Appellant,

and

John Ricketts,

Appellee.

JUDGMENT AFFIRMED 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. 11CA2452
City and County of Denver District Court No. 01CV6514
Honorable William W. Hood, III, Judge

Archangel Diamond Corporation Liquidating Trust,

Plaintiff-Appellant,

v.

OAO Lukoil,

Defendant-Appellee,

and

DS Engineering,

Interested Party.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE PLANK*
Lichtenstein, J., concurs
Webb, J., specially concurs

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


Court of Appeals No. 11CA2591
Mesa County District Court No. 07DR120
Honorable Richard T. Gurley, Judge

In re the Marriage of

Kecia Kay Anderson-Binkley,

Appellee,

and

Kevin Kent Binkley,

Appellant.

ORDER AFFIRMED IN PART, VACATED IN PART,
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. 12CA0041
Jefferson County District Court No. 11DR596
Honorable Margie L. Enquist, Judge

In re the Marriage of

Kathryn Desiree Sousha,

Appellee,

and

Joshua L. Sousha, III,

Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0224
Washington County District Court No. 10JV1
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.C. and E.C., Children,

and Concerning R.K.,

Respondent-Appellant.

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. 12CA0344
Industrial Claim Appeals Office of the State of Colorado
DD No. 29166-2011

Davante A. Wilson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Landry’s Seafood House Arlington Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0477
Lincoln County District Court No. 09JV41
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.R.L., a Child,

and Concerning J.T.L.,

Respondent-Appellant,

E.L.S.,

Respondent-Appellee,

and

N.L.S.,

Intervenor-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0608
Larimer County District Court No. 11JV121
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning B.S.,

Respondent-Appellant.

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. 12CA0617
Adams County District Court No. 10JV479
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning A.C-D.,

Respondent-Appellee.

ORDER AFFIRMED

Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA0729
Adams County District Court No. 11JV108
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.Q. and A.Q., Children,

and Concerning N.Q.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE NEY*
Román and Bernard, JJ., concur

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


Court of Appeals No. 12CA0739
Industrial Claim Appeals Office of the State of Colorado
DD No. 29028-2011

Cheryl Jane Burns,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and

A B Petroleum Incorporated,

Respondents.

ORDER 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. 12CA0761
Adams County District Court No. 01CR2810
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Guadalupe Riojas,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE ROMán
Bernard and Ney*, JJ., concur

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


Court of Appeals No. 12CA1010
Pueblo County District Court No. 12MH104
Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of David Denney,

Respondent-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. 12CA1024
City and County of Denver Probate Court No. 12MH324
Honorable Elizabeth D. Leith, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Pratibha Anand,

Respondent-Appellant.

ORDERS AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1291

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jereme Lamberth,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 08CA1939

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Amber Lynne Fasick,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 08CA2245

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lorenzo Costilla-Luna,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2634

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tonya Ann Rhodus,

Defendant-Appellant.

Petitions for Rehearing DENIED


Court of Appeals No. 10CA2630

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leroy Gardenhire, III,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1136

Brandon McLaughlin; Michael McLaughlin; and Selina McLaughlin,

Plaintiffs-Appellees,

v.

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

Defendants-Appellants.

Petition for Rehearing DENIED


Court of Appeals No. 11CA2337

In the Matter of the Estate of Diane Walters, deceased.

Shareq Khan,

Appellant,

v.

Elizabeth Walters,

Personal Estate Representative-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0610

Industrial Claim Appeals Office of the State of Colorado

DD No. 32545-2011

Deborah A. Korzen,

Petitioner,

v.

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

Respondents.

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 || August 23, 2012

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