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Colorado Court of Appeals Opinions || September 27, 2012

Colorado Court of Appeals -- September 27, 2012
Announcement Sheet

 

 

 

PUBLISHED OPINIONS

Court of Appeals No. 08CA0105
City and County of Denver District Court No. 05CR4700
Honorable Sheila A. Rappaport, Judge
Honorable William Douglas Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tenarro Banks,

Defendant-Appellant.

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

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


Court of Appeals No. 11CA0656
Fremont County District Court No. 09CR332
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1226
Arapahoe County District Court No. 09CR2440
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph L. Juanda,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE RUSSEL
Taubman and Plank*, JJ., concur


Court of Appeals No. 11CA2205
City and County of Denver District Court No. 10CV6064
Honorable Ann B. Frick, Judge

Kyle W. Larson Enterprises, Inc., Roofing Experts, d/b/a The Roofing Experts,

Plaintiff-Appellant,

v.

Allstate Insurance Company,

Defendant-Appellee.

JUDGMENT REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No. 12CA0649
Jefferson County District Court No. 09JV1719
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

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

Intervenors-Appellants.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 12CA0771
Boulder County District Court No. 11DR446
Honorable Patrick D. Butler, Judge

In re the Parental Responsibilities of M.W., a Child,

and Concerning Shane Jonas Taylor,

Petitioner-Appellant,

and

Trista Ann Wamsher,

Respondent-Appellee,

and

Edward Day,

Intervenor-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2373
Arapahoe County District Court No. 05CR3773
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Edmond Bohnenkamp,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur

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


Court of Appeals No. 08CA1467
City and County of Denver District Court No. 06CR3701
Honorable Shelley I. Gilman, Judge
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Martin Currier,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur

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


Court of Appeals No. 09CA2737
City and County of Denver District Court No. 09CR1648
Honorable William W. Hood, III, Judge
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Barajas-Cardenas,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur

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


Court of Appeals No. 10CA0689
Adams County District Court No. 09CR1112
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jaime Juarez-Gonzalez,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE GABRIEL
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA0753
Weld County District Court No. 09CR1091
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Medina,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur

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


Court of Appeals No. 10CA0872
City and County of Denver District Court No. 08CR4928
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Cockrell,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE NIETO*
Gabriel and Plank*, JJ., concur

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


Court of Appeals No. 10CA1044
El Paso County District Court No. 08CR2420
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Babcock,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA1485
El Paso County District Court No. 09CR125
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Conedo Gonzales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur

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


Court of Appeals No. 10CA1525
City and County of Broomfield County Court No. 09CR1
Honorable John E. Popovich, Judge
Honorable Leonard P. Plank, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Austin Nicholas Fields,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur

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


Court of Appeals No. 10CA1928
Weld County District Court Nos. 09CR975 & 09CR882
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Lee Holmes,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE NIETO*
Gabriel and Plank*, JJ., concur

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


Court of Appeals No. 10CA2480
Weld County District Court No. 04CR1594
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond K. Lara,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur

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


Court of Appeals No. 11CA0471
Fremont County District Court No. 09CR417
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

APPEAL DISMISSED

Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur

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


Court of Appeals No. 11CA0554
Mesa County District Court No. 10CR260
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Alexander Burchim,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI
Opinion by JUDGE NIETO*
Gabriel and Plank, JJ., concur

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


Court of Appeals No. 11CA0852
Boulder County District Court No. 06CR1026
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jennifer Lynn Engelbrecht,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


Court of Appeals No. 11CA1128
Adams County District Court No. 10CR1484
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Joseph Martinez, III,

Defendant-Appellant.

JUDGMENT REVERSED 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. 11CA1551
Weld County District Court No. 10CR142
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shelly Kaye Ferrara,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE PLANK*
Gabriel and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1738
City and County of Denver District Court No. 09CR1593
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

David Lee Mackey,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur

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


Court of Appeals No. 11CA1779
Pitkin County District Court No. 10CV329
Honorable Gail H. Nichols, Judge

Capitol Peak Lodge Condominium Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellee,

v.

Irish Jewel Development Company, LLC, a Colorado limited liability company,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur

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


Court of Appeals No. 11CA1944
City and County of Denver District Court No. 11CV1336
Honorable William W. Hood, III, Judge

Theda K. Bruns,

Plaintiff-Appellant,

v.

William Matthew M. Thomas, M.D.; and Sarah Calvert, M.D.,

Defendants-Appellees.

ORDER AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
J. Jones and Sternberg*, JJ., concur

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


Court of Appeals No. 11CA2026
Arapahoe County District Court No. 02CR3319
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricardo Casillas-Casillas,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Graham, J. Jones, and Sternberg*, JJ.
PER CURIAM

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


Court of Appeals No. 11CA2107
City and County of Denver District Court No. 11CV4222
Honorable Ann B. Frick, Judge

Sylvia Herring,

Plaintiff-Appellee,

v.

LT Properties, LLC, a Colorado limited liability company,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur

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


Court of Appeals No. 11CA2114
Jefferson County District Court No. 11CV1400
Honorable Tamara S. Russell, Judge

Edwin A. Wright and Austin V. Wright,

Plaintiffs-Appellants,

v.

Ted B. Mink, in his official capacity as Sheriff of Jefferson County, State of Colorado; and Board of County Commissioners of the County of Jefferson, State of Colorado

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur

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


Court of Appeals No. 11CA2115
Pitkin County District Court No. 10CV176
Honorable Denise K. Lynch, Judge

Smiles, LLC, f/k/a Aspen Dental Spa, Inc., a limited liability company

Plaintiff-Appellee,

v.

William H. Wesson Professional LLC, DDS,

Defendant,

and Concerning Pitkin County, Colorado, Sheriff’s Department and Eagle County, Colorado, Sheriff’s Department

Appellants.

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

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


Court of Appeals No. 11CA2530
City and County of Denver District Court No. 11CV2872
Honorable A. Bruce Jones, Judge

Cynthia Pinkey,

Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections; and Warden, Denver Women’s Correctional Facility,

Defendants-Appellees.

JUDGEMENT AFFIRMED

Division IV
Opinion by JUDGE STERNBERG*
Graham and J. Jones, JJ., concur

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


Court of Appeals No. 12CA0497
Industrial Claim Appeals Office of the State of Colorado
DD No. 27875-2011

Muhammad Abdul Samad,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Global Callcenter Solutions, Inc.,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur

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


Court of Appeals No. 12CA0620
City and County of Denver Juvenile Court No. 10JV1352
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.A.N. and T.R.N., Children,

and Concerning R.S.N-B.,

Respondent-Appellant.

CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Márquez*, J., concur

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


Court of Appeals No. 12CA0737
Fremont County District Court No. 12JV19
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.J.P. and A.M.P., Children,

and Concerning D.M.P.,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0772
El Paso County District Court No. 09JV1541
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.L. and M.F., Children,

and Concerning E.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur

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


Court of Appeals No. 12CA0976
El Paso County District Court No. 09JV1561
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning A.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE NEY*
Davidson, C.J., and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA1049
Lincoln County District Court No. 11JV26
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning O.M.F. and M.L.L.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, JJ., concur

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


Court of Appeals No. 12CA1220
Industrial Claim Appeals Office of the State of Colorado
D.D. No. 4557-2012

Lorraine Romero,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Alamosa Assisted Living Investors,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA2329

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Leon Childress,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 09CA1745

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeff Anthony Casias,

Defendant-Appellant.

Petition for Rehearing DENIED

Fox, J., would GRANT


Court of Appeals No. 11CA0448

In re the Marriage of

Victoria O’Brien, n/k/a Victoria Provenza,

Appellant,

and

James O’Brien,

Appellee.

Petitions for Rehearing DENIED

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


Court of Appeals No. 11CA2563

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Ray Gonzales,

Defendant-Appellant.

Petition for Rehearing DENIED

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


MODIFIED OPINIONS

Court of Appeals No. 08CA2637
Jefferson County District Court No. 07CR2365
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Anthony Garrison, II,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
Opinion Modified on the Court’s Own Motion

Announced August 16, 2012


*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2012.

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 || September 27, 2012

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