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Colorado Court of Appeals Opinions || October 11, 2012

Colorado Court of Appeals -- October 11, 2012
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 10CA0788
City and County of Denver District Court No. 08CR4149
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Derrick Demetrus Wilson,

Defendant-Appellant.

JUDGMENT AND SENTENCE REVERSED
AND CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No. 10CA1846
Pueblo County District Court No. 07CV1349
Honorable Larry C. Schwartz, Judge

David A. Hiner and Deelila A. Quick,

Plaintiffs-Appellants,

v.

Bruce Johnson, M.D.; and Michael King, M.D.,

Defendants-Appellees.

ORDER AFFIRMED

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


Court of Appeals No. 10CA2045
City and County of Denver District Court No. 08CR2208
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone Maurice Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND SENTENCE VACATED IN PART

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


Court of Appeals No. 10CA2541
El Paso County District Court No. 10CR888
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexander G. Poe,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur


Court of Appeals No. 10CA2544
Pitkin County District Court No. 10CR29
Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Xavier Aguilera Samson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA0134
Douglas County District Court No. 06CV39
Honorable James F. Macrum, Jr., Judge

SDI, Inc., a Colorado corporation,

Plaintiff-Appellee,

v.

Pivotal Parker Commercial, LLC, a Delaware corporation,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur


Court of Appeals No. 11CA1507
City and County of Denver District Court No. 10CV1589
Honorable Robert S. Hyatt, Judge

Gary R. Justus; Kathleen Hopkins; Eugene Halaas; and Robert P. Laird, Jr.,

Plaintiffs-Appellants,

v.

The State of Colorado; Governor John Hickenlooper, in his official capacity; Colorado Public Employees’ Retirement Association; Carole Wright, in her official capacity; and Maryann Motza, in her official capacity,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1700
City and County of Denver District Court No. 11CV308
Honorable Ann B. Frick, Judge

Annabell Jacox,

Plaintiff-Appellant,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

ORDER AFFIRMED

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


Court of Appeals No. 11CA1772
El Paso County District Court No. 11CV3157
Honorable Thomas K. Kane, Judge

Marilyn Daniel,

Plaintiff-Appellee,

v.

City of Colorado Springs, a Colorado municipal corporation and home rule city,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals Nos. 11CA1852 & 11CA2003
City and County of Denver District Court No. 11CV3583
Honorable Catherine A. Lemon, Judge

Board of County Commissioners of Gilpin County, a Colorado county; Forrest Whitman, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; Bruce V. Schmalz, in his official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County; and Connie McLain, in her official capacity as member of the Board of County Commissioners and individually as taxpayer and resident of Gilpin County,

Plaintiffs-Appellants,

v.

City of Black Hawk,

Defendant-Appellant,

and

Colorado Limited Gaming Control Commission; Colorado Division of Gaming; Walker Stapleton, in his official capacity as Colorado State Treasurer; Board of County Commissioners of Teller County, a Colorado county; City of Cripple Creek; and City of Central,

Defendants-Appellees.

ORDER AFFIRMED

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


Court of Appeals No. 11CA1870
Jefferson County District Court No. 09CV4984
Honorable Philip J. McNulty, Judge

Arlene Abady, Duane Duffy, Pete M. Montoya, Caitlin Lowe, Denali Lowe, Pamela A. Wilson, and Estate of Wallace N. Wilson,

Plaintiffs-Appellants,

v.

Certain Underwriters at Lloyd’s London Subscribing to Mortgage Bankers Bond No. MBB-06-0009,

Defendant-Appellee.

JUDGEMENT AFFIRMED

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


Court of Appeals No. 11CA1917
Arapahoe County District Court No. 10CV1320
Honorable Elizabeth A. Weishaupl, Judge

Gerald Richard Corder,

Plaintiff-Appellant,

v.

William R. Folds, Jr.,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA2297
El Paso County District Court No. 11CV3941
Honorable Kirk S. Samelson, Judge

Anita Rivera,

Plaintiff-Appellant,

v.

American Family Insurance Group,

Defendant-Appellee.

ORDER AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals Nos. 07CA1304 & 08CA0893
Arapahoe County District Court No. 97CR2075
Honorable Charles M. Pratt, Judge
Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bobby Lee Gilkey,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 07CA1928
Adams County District Court No. 05CR3991
Honorable Edward C. Moss, Judge
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Doreon Garcia,

Defendant-Appellant.

JUDGMENTS 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. 08CA0074
Arapahoe County District Court No. 05CR356
Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Louis McGee,

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. 08CA1606
City and County of Denver District Court No. 07CR2501
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gene Sterling Melendez,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND VACATED IN PART

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

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


Court of Appeals No. 09CA2538
Adams County District Court No. 08CR2755
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaac Kakoakopono Clouse,

Defendant-Appellant.

JUDGMENT REVERSED 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. 10CA0074
Douglas County District Court Nos. 03CR281 & 03CR336
Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Robert Williams,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Sternberg*, JJ., concur

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


Court of Appeals No. 10CA0690
Jefferson County District Court No. 09CR434
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Linwood Richard Halliburton,

Defendant-Appellant.

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

Division II
Opinion by JUDGE BERNARD
Booras, J., concurs
Casebolt, J., specially concurs

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


Court of Appeals No. 10CA0896
Boulder County District Court No. 08CR203
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Andrew Barajas,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1585
Adams County District Court No. 09CR1257
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ariana Orta,

Defendant-Appellant.

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

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


Court of Appeals No. 10CA1939
Garfield County District Court No. 08CR612
Honorable Denise K. Lynch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Jay Binschus,

Defendant-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. 11CA0544
City and County of Denver District Court No. 10CV9345
Honorable Michael A. Martinez, Judge

Vanessa Cuevas,

Plaintiff-Appellant,

v.

Jaelea Diebold, Pinnacol Assurance, and Andrew Rzepiennik,

Defendants-Appellees.

ORDER 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. 11CA1263
Jefferson County District Court No. 10DR218
Honorable Jack W. Berryhill, Judge

In re the Marriage of

Howard Jeffery Bartels,

Appellee,

and

Carolyn Suzanne Bartels,

Appellant.

ORDERS 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. 11CA1286
Jefferson County District Court No. 05CR1624
Honorable Dennis Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Michael Scott Mapps,

Defendant-Appellee.

ORDER AFFIRMED

Division II
Opinion by JUDGE ROTHENBERG*
Casebolt, J., concurs
Furman, J., specially concurs

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


Court of Appeals No. 11CA1427
Douglas County District Court No. 06CV39
Honorable James F. Macrum, Jr., Judge

SDI, Inc., a Colorado corporation,

Plaintiff-Appellee,

v.

Pivotal Parker Commercial, LLC, a Delaware corporation,

Defendant-Appellant.

ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE FURMAN
Kapelke* and Rothenberg*, JJ., concur

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


Court of Appeals No. 11CA1468
El Paso County District Court No. 09CR6
Honorable D. Richard Toth, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Roy Rutter,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1513
Park County District Court No. 10CV223
Honorable Stephen A. Groome, Judge

Millennium Resorts, LLC

Plaintiff-Appellant,

v.

Rocky Mountain Restaurant Management and Consulting, LLP; and Thomas Mitchell

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. 11CA1959
Arapahoe County District Court No. 09CR2715
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Charles Deshawn Chalk Rutherford,

Defendant-Appellant.

JUDGMENT 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. 11CA1990
City and County of Denver District Court No. 11CV3502
Honorable A. Bruce Jones, Judge

Kedong An, d/b/a Gas N Save,

Plaintiff-Appellee,

v.

Georgena Sanchez, Julian Sanchez, and all other occupants at 3020 North Speer Boulevard, Denver, Colorado 80211,

Defendants-Appellants.

ORDER AND JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA2069
Arapahoe County District Court No. 11CV736
Honorable Elizabeth Beebe Volz, Judge

Jamileh Miller and Mark S. Miller

Plaintiffs-Appellants,

v.

Deutsche Bank National Trust Company; OneWest Bank, FSB; Aronowitz & Mecklenberg, LLP; Susan Hendrick; and CitiMortgage, Inc.,

Defendants-Appellees.

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

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. 11CA2300
Jefferson County District Court No. 11CV570
Honorable Tamara S. Russell, Judge

Rocky Mountain Wellness Center, LLC,

Plaintiff-Appellant,

v.

City of Lakewood,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE LOEB
Taubman and Webb, JJ., concur

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


Court of Appeals No. 11CA2402
Pueblo County District Court No. 10CV1920
Honorable Victor I. Reyes, Judge

Vanessa Vazquez,

Plaintiff-Appellant,

v.

Stephen J. Wassinger, MD,

Defendant-Appellee.

JUDGMENT 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. 11CA2434
City and County of Denver District Court No. 03CR4895
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Golda Louise Harvey,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2442
El Paso County District Court No. 10DR5371

Honorable Michael P. McHenry, Judge

In re the Marriage of

Charles Danley,

Appellant,

and

Cynthia Danley, n/k/a Cynthia Quinlan,

Appellee.

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. 12CA0128
City and County of Denver District Court No. 10CV9279
Honorable Catherine A. Lemon, Judge

State Farm Mutual Automobile Company,

Plaintiff-Appellant,

v.

Joseph W. Geier,

Defendant-Appellee.

ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL

Lichtenstein and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA0170
Park County District Court No. 11CV206
Honorable C.M. Barton, Judge

Board of County Commissioners of the County of Park, Colorado,

Plaintiff-Appellee,

v.

Fairplay Sanitation District,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0232
City and County of Denver District Court No. 09CV5151
Honorable Michael A. Martinez, Judge

Till Steininger,

Third-Party Defendant and Cross-Claim Plaintiff-Appellant,

v.

FirstBank of Wheat Ridge, a Colorado corporation,

Third-Party Defendant and Cross-Claim Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0413
La Plata County District Court No. 10CV54
Honorable Jeffrey R. Wilson, Judge

Keith Family Limited Partnership,

Plaintiff-Appellant,

v.

BP America Production Company; and Schultz Energy, L.L.C.,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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. 12CA1207
Adams County District Court No. 11JV65
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.N., I.S., and S.T., Children,

and Concerning S.T.,

Respondent-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. 12CA1317
City and County of Denver Juvenile Court No. 11JV1086
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.E.R-H., a Child,

and Concerning K.P.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1495
Industrial Claim Appeals Office of the State of Colorado
DD No. 6586-2012

Linda M. Aldridge,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Adams Arapahoe Aurora Schools 28J,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1607
Pueblo County District Court No. 12MH217
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Edward J. Gavell, Jr.,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA0732

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Driss Tico Abouali,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA2407

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Mondragon,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0102

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julian Vizcarra-Rojas,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2472

In re the Marriage of

Edward Marx,

Appellant,

and

Nicole Marx,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2549

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Fredrick C. Harris,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1048

Terri Willoughby,

Plaintiff-Appellant,

v.

Pierre Pavot, D.O.,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1369

Frances Casias,

Plaintiff-Appellant,

v.

G&S Oil Products, Inc., d/b/a G&S Services,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1872

Cora Lea Chittenden, LCSW,

Appellant,

v.

Colorado Board of Social Work Examiners,

Appellee.

OPINIONS MODIFIED AND
PETITION FOR REHEARING
DENIED


Court of Appeals No. 11CA2187

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory C. Reed,

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. 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 11, 2012

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