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Colorado Court of Appeals Opinions || November 15, 2012

Colorado Court of Appeals -- November 15, 2012
Announcement Sheet

 

 

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0966
City and County of Denver District Court No. 03CR1498
Honorable William W. Hood, III, Judge'
Honorable Larry J. Naves, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antelmo Villegas-Plancarte,

Defendant-Appellant.

APPEAL DISMISSED IN PART, ORDER AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

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. 09CA2627
Fremont County District Court No. 08CR290
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Tanner,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Kapelke*, JJ., concur

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


Court of Appeals No. 10CA0318
City and County of Denver District Court No. 09CR1830
Honorable Anne M. Mansfield, Judge
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shaun Blackmon,

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. 10CA0681
El Paso County District Court No. 04CR2271
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Alan Melcher,

Defendant-Appellant.

ORDER AND SENTENCE 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. 10CA0828
Weld County District Court No. 08CR1194
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norberto Abundez,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1723
Jefferson County District Court No. 10CR45
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Guzman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur

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


Court of Appeals No. 10CA1742
Adams County District Court No. 09CR2565
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Alonzo Hood,

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. 10CA1998
Weld County District Court No. 02CR917
Honorable Julie Christine Hoskins, Judge
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cecilio Victor Chavez,

Defendant-Appellant.

ORDER AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA2242
Pueblo County District Court No. 09CR1465
Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawn Michael Robinson,

Defendant-Appellant.

ORDER 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. 10CA2555
El Paso County District Court No. 09CR4655
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kandin Eric Wilson,

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. 10CA2611
Jefferson County District Court No. 07CR3293
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Priest,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2633
Arapahoe County District Court No. 02CR2494
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Glenn H. Kemp,

Defendant-Appellant.

ORDER 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. 11CA0388
Arapahoe County District Court No. 07CR247
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian K. Rogers,

Defendant-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. 11CA0393
Arapahoe County District Court No. 05CR44
Honorable Angela R. Arkin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luke M. Barela,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA0748
Larimer County District Court No. 09CR1301
Honorable Thomas R. French, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrianna Grine,

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. 11CA0940
Weld County District Court No. 05CR1496
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward Girouard,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1138
Adams County District Court No. 98CR1731
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Max Martinez, Jr.,

Defendant-Appellant.

ORDERS AFFIRMED

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

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


Court of Appeals No. 11CA1244
Adams County District Court No. 07CR3684
Honorable Brian N. Bowen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Davis Marhoefer,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1292
Weld County District Court No. 10CR1244
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Allen Tyndall,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Court of Appeals No. 11CA1536
City and County of Denver District Court No. 10CV8366
Honorable Ann B. Frick, Judge

Russell E. Green and Nicole K. Green,

Plaintiffs-Appellants,

v.

JP Morgan Chase Bank, NA; and Robert J. Hopp & Associates, LLC,

Defendants-Appellees.

JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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. 11CA1869
Eagle County District Court No. 10CV215
Honorable R. Thomas Moorhead, Judge

James C. Nestor,

Plaintiff-Appellee,

And

SRD Plumbing, Inc., a Colorado corporation,

Third-Party Defendant-Appellee,

v.

David L. Prater,

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. 11CA1903
Boulder County District Court No. 98CR2163
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Martinez-Mares,

Defendant-Appellant.

ORDER 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. 11CA1949
City and County of Denver Probate Court No. 06PR1657
Honorable Elizabeth D. Leith, Judge
Honorable C. Jean Stewart, Judge

In the Matter of the Estate of Florence Kessler Ruston, a/k/a Florence K. Ruston, a/k/a Florence Ruston, deceased.

Shellie Ruston Munn,

Appellant,

v.

Adrienne R. Porterfield, individually and as Co-Personal Representative for the Estate of Florence Kessler Ruston; and Michael A. Smith, as Co-Personal Representative for the Estate of Florence Kessler Ruston,

Appellees.

ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2031
Adams County District Court Nos. 09CR1418 & 09CR3192
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Antonio Rios,

Defendant-Appellant.

SENTENCES 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. 11CA2157
City and County of Denver District Court Nos. 91CR1554, 91CR1555, 91CR1557, 91CR1558 & 91CR1563
Honorable H. Jeffrey Bayless, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Byron T. Cortez,

Defendant-Appellant.

ORDER 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. 11CA2358
Jefferson County District Court No. 09CV644
Honorable Stephen M. Munsinger, Judge

Richard K. Diamond, as Chapter 7 Trustee for IVDS Interactive Acquisition Partners, a Florida general partnership,

Plaintiff-Appellee,

v.

Terry K. Vickery,

Respondent,

and Concerning Tari Vickery,

Appellant.

ORDER 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. 11CA2547
Kit Carson County District Court No. 10CV42
Honorable Michael Keith Singer, Judge

Patrick Duray Portley-El,

Plaintiff-Appellant,

v.

Chaplain Dycus; Kevin Winslow; Kit Carson Correctional Center; and the Colorado Department of Corrections

Defendant-Appellee.

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

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

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


Court of Appeals No. 11CA2558
Morgan County District Court No. 10CV166
Honorable Douglas R. Vannoy, Judge

Ayse Bekirova and Yunuz Suleyman,

Plaintiffs-Appellants,

v.

Doris Anderson, as Personal Representative of the Estate of Mervin Anderson,

Defendant-Appellee.

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. 11CA2597
Bent County District Court No. 10CV50
Honorable Michael Schiferl, Judge

Desi Gallegos,

Plaintiff-Appellant,

v.

Tiffany Cox; Ray Zamora; Dr. David Oba; Brigham Sloan; Corrections Corporation of America, a Tennessee corporation; and Colorado Department of Corrections,

Defendants-Appellees.

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. 12CA0161
Arapahoe County District Court No. 00CR2678
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Lee Reynolds,

Defendant-Appellant.

ORDER 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. 12CA0267
City and County of Denver District Court No. 11CV760
Honorable Catherine A. Lemon, Judge

Robert Montoya,

Plaintiff-Appellant,

v.

Peer Assistance Services and Janet Ferry,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0456
Garfield County District Court No. 10CV347
Honorable Gail H. Nichols, Judge

A-1 Collection Agency, LLC,

Plaintiff-Appellee,

v.

Dave Stark,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0532
Arapahoe County District Court No. 04CV1774
Honorable Marilyn Leonard Antrim, Judge

Catholic Health Initiatives Colorado, d/b/a Villa Pueblo Towers,

Plaintiff-Appellant,

v.

City of Pueblo, Colorado, Department of Finance; and Shariar Azadmanesh, as Director,

Defendants-Appellees.

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. 12CA0598
La Plata County District Court No. 10CV468
Honorable Jeffrey R. Wilson, Judge

Pat Duane Cugnini,

Plaintiff-Appellant,

v.

BP America Production Company; Renee Lewis; Paula Zebick; and LAFA, LLC,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0734
Industrial Claim Appeals Office of the State of Colorado
DD No. 30369-2011

Tamara S. Pidhayny,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Soul Haus LTD, LLC,

Respondents.

ORDER AFFIRMED

Division V
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA1120
Weld County District Court No. 11JV17
Honorable Elizabeth Strobel, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.W., A.B., and S.B., Children,

and Concerning B.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1166
Industrial Claim Appeals Office of the State of Colorado
DD No. 3438-2012

Sean T. Scanlan,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Metropolitan State College,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 12CA1232
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-851-385-01

Farhad Haji Mohammad Mehdi,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Dillards Department Store; and Fidelity & Guaranty,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 12CA1376
El Paso County District Court No. 11JV338
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of B.R.J., a Child,

and Concerning B.L.J. and T.B.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE RICHMAN
Dailey and Nieto*, JJ., concur

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


Court of Appeals No. 12CA1498
El Paso County District Court No. 10DR3384
Honorable Barney Iuppa, Judge

In re the Marriage of

Janet Marie Aust,

Appellee,

and

James Joseph Aust,

Appellant.

ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1602
Adams County District Court No. 11JV155
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PEITIONS FOR REHEARING

Court of Appeals No. 06CA2373

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Edmond Bohnenkamp,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0879

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lee Kutz,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals Nos. 10CA2589 & 11CA2151

Paul A. Dixon; Estate of Donald C. Fortner; Carolyn R. Jones; and Conwood, LLC,

Plaintiffs-Appellants,

v.

Denver Cottonwoods Townhouse Association, Inc., a Colorado Non-Profit Corporation,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0942

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert H. Dixon,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1128

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Joseph Martinez, III,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2615

Michael L. Thompson,

Plaintiff-Appellant,

v.

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

Defendants-Appellants.

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 || November 15, 2012

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