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Colorado Court of Appeals Opinions || October 4, 2012

Colorado Court of Appeals -- October 4, 2012
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1632
Arapahoe County District Court No. 07CR3541
Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Esteban Franco-Ramirez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2026
Adams County District Court No. 08CR2063
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Laura Carole Childress,

Defendant-Appellant.

JUDGMENT 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. 10CA0736
City and County of Denver District Court No. 09CR801
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Lawrence Garcia,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE ROY
Richman, J., concurs
Dailey, J., specially concurs

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


Court of Appeals No. 10CA0950
Weld County District Court No. 08CR2117
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Jesus Ortega,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur

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


Court of Appeals No. 10CA1643
Adams County District Court No. 09CR1010
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Raymond Hoag,

Defendant-Appellant.

JUDGMENT 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. 10CA1736
Mesa County District Court No. 09CR825
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ian Steve Calegory,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA2103
Weld County District Court No. 09CR1782
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theodore Eugene Montiel,

Defendant-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. 10CA2142
Larimer County District Court No. 08CR1541
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Cordel Robinson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA2317
Jefferson County District Court No. 10JD12
Honorable Christie B. Phillips, Judge
Honorable Ann G. Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.H.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur

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


Court of Appeals No. 10CA2350
City and County of Denver District Court No. 09DR2227
Honorable Norman D. Haglund, Judge

In re the Marriage of

Regina T. Drexler,

Appellee,

and

Charles B. Bruce, Jr.,

Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA2479
El Paso County District Court No. 09CR1952
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Gregory Malveaux,

Defendant-Appellant.

JUDGMENT 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. 10CA2495
Jefferson County District Court No. 09CR2385
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephen James Lakey,

Defendant-Appellant.

ORDER REVERSED, SENTENCE VACATED,
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. 11CA0008
Mesa County District Court No. 10CR223
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jade Diego Maldonado,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0072
Arapahoe County District Court No. 04CR1690
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Genero Javon Zuniga,

Defendant-Appellant.

ORDER 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. 11CA0975
Prowers County District Court No. 91CR65
Honorable Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ray E. Butler,

Defendant-Appellant

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1304
City and County of Denver District Court No. 09CV3750
Honorable Norman D. Haglund, Judge

Shareq Khan,

Plaintiff-Appellee,

v.

Snooz’Ease Furniture Company, a Colorado corporation,

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. 11CA1376
Jefferson County District Court No. 11CR300
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christian Nicholas Duran,

Defendant-Appellant.

APPEAL DISMISSED

Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur

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


Court of Appeals Nos. 11CA1412 & 11CA1475
City and County of Denver District Court No. 09DR2227
Honorable Herbert L. Stern, III, Judge

In re the Marriage of

Regina T. Drexler,

Appellee,

and

Charles B. Bruce, Jr.,

Appellant.

ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1694
Pitkin County District Court No. 10CV145
Honorable Daniel B. Petre, Judge

James Berkus; the Davis Family Trust; and the McNanie Family Trust,

Plaintiffs-Appellants,

v.

The Residences at Little Nell Development, LLC, a Delaware limited liability company

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur

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


Court of Appeals No. 11CA1728
Arapahoe County District Court No. 10CV2313
Honorable Charles M. Pratt, Judge

Virginia M. Brown,

Plaintiff-Appellee,

v.

Patricia Savich and Sandra Hudgins,

Defendants-Appellants.

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. 11CA2078
Adams County District Court No. 10CV823
Honorable Robert W. Kiesnowski, Jr., Judge

BSLNI, Inc., a Colorado corporation,

Plaintiff-Appellee,

v.

Russ T. Diamonds, Inc., a Colorado corporation,

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. 11CA2120
City and County of Denver District Court No. 10CV2163
Honorable A. Bruce Jones, Judge

Michael Mahoney and Jacqueline Mahoney,

Plaintiffs-Appellees and Cross-Appellants,

v.

American Family Mutual Insurance Company,

Defendant-Appellant and Cross-Appellee,

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. 11CA2134
Arapahoe County District Court No. 11PR828
Honorable Jack F. Smith, Judge

In re the Estate of Emma Parr, a protected person and ward.

Tamra A. Palmer, as conservator for Emma Parr,

Petitioner-Appellee,

and

Emma Parr, as settlor for the Emma Parr Trust, Number One,

Appellee,

v.

Larry Parr, individually and as fiduciary,

Respondent-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2615
Kit Carson County District Court No. 11CV12
Honorable Charles M. Hobbs, Judge

Michael L. Thompson,

Plaintiff-Appellant,

v.

Corrections Corporation of America (CCA) and Colorado Department of Corrections,

Defendants-Appellants.

ORDERS AFFIRMED

Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur

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


Court of Appeals No. 11CA2627
Saguache County District Court No. 10CV6
Honorable Martin A. Gonzales, Judge

Bruce C. McDonald,

Plaintiff-Appellee,

v.

OneWest Bank, FSB; and Federal Home Loan Mortgage Corporation,

Defendants-Appellants.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0039
Weld County District Court No. 11CV369
Honorable James F. Hartmann, Judge

Eugene L. Dorsey and Wilma Jean Dorsey,

Plaintiffs,

and Concerning Zarlengo & Kimmell, P.C.,

Attorney-Appellant,

v.

Konig Investments LLC, a Colorado limited liability company,

Defendant-Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0468
Industrial Claim Appeals Office of the State of Colorado
DD No. 10492-2011

Karin S. Medina-Keller,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Gregory D. Bennett, DDS, P.C.,

Respondents.

ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA0473
Industrial Claim Appeals Office of the State of Colorado
DD No. 26796-2011

Robert L. Carson, III,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Linda J. Nichelason,

Respondents.

ORDER AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Ney*, JJ., concur

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


Court of Appeals No. 12CA1028
Larimer County District Court No. 11JV206
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.O.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No. 12CA1264
City and County of Denver Juvenile Court No. 10JV1961
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of O.J.L. and O.E.L., Children,

and Concerning M.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur

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


Court of Appeals No. 12CA1373
Industrial Claim Appeals Office of the State of Colorado
DD No. 9942-2012

Sherrie J. Romo,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Mental Health Center of Denver,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur

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


Court of Appeals No. 12CA1608
Pueblo County District Court No. 12MH14
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Dennis Ray Barefoot, Jr.,

Respondent-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur

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


PEITITIONS FOR REHEARING

Court of Appeals No. 08CA2394

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Floyd Raymond Nuss,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2425

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Wayne Loader, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED
Carparelli, J., would GRANT

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


Court of Appeals No. 10CA1269

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Amber Kristine Butler,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0157

Michael P. Marotta,

Plaintiff-Appellant,

v.

1200 Vine Condominium Owners’ Association, Inc.; Jeremy Jankovich; Alex Best; Theresa Rash; and Jasper Fortenberry,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0350

Michelle Rene Brown, f/k/a Michelle Rene Campbell,

Plaintiff-Appellant,

v.

Colorado East Bank & Trust, a Colorado corporation,

Defendant-Appellee.

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. 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 || October 4, 2012

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