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Colorado Court of Appeals Opinions || January 24, 2013

Colorado Court of Appeals -- January 24, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1142
Adams County District Court No. 08CR1810
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sofio Cruz-Rosales,

Defendant-Appellant.

JUDGEMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur

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


Court of Appeals No. 09CA1687
Boulder County District Court No. 08CR396
Honorable Thomas F. Mulvahil, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Diego Olmos Alcalde,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2518
Adams County District Court No. 08CR791
Honorable C. Vincent Phelps, Judge
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Uto Essien,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur

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


Court of Appeals No. 10CA0177
El Paso County District Court No. 08CR3350
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Wayne Stauffer,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur

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


Court of Appeals No. 10CA1879
Grand County District Court No. 08CR156
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian T. Wilson,

Defendant-Appellant.

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

Division V
Opinion by JUDGE ROMÁN
Carparelli and Terry, JJ., concur

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


Court of Appeals No. 10CA2538
Mesa County District Court No. 10CR448
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Janella Mae Hubbard,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA0247
Larimer County District Court No. 10CR16
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arturo Luna,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur

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


Court of Appeals No. 11CA0759
Arapahoe County District Court Nos. 97CR2816 & 97CR3185
Honorable Kurt A. Horton, Judge
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Douglas Glasser,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur

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


Court of Appeals No. 11CA1195
Arapahoe County District Court No. 97CR670
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fred Keith Loftin,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur

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


Court of Appeals No. 11CA1572
El Paso County District Court No. 07CR308
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Demetrius Alexander Thomas,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE BOORAS
Dailey and Furman, JJ., concur

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


Court of Appeals No. 11CA1667
El Paso County District Court No. 08CR1306
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward Melvin Hoaglin,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE LOEB
Gabriel and Dunn, JJ., concur

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


Court of Appeals No. 11CA1834
Arapahoe County District Court No. 01CR352
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Paul Fry,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur

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


Court of Appeals No. 11CA1953
Adams County District Court No. 10CR1510
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Wallace McAnulty,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA2076
Garfield County District Court No. 89CR21
Honorable Denise K. Lynch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert John Juarez,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur

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


Court of Appeals No. 11CA2080
Adams County District Court No. 10CR3728
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Torres,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur

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


Court of Appeals No. 11CA2281
Jefferson County District Court No. 09CR420
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mackenzie Cory Calhoun,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur

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


Court of Appeals No. 11CA2521
Adams County District Court No. 02DR2524
Honorable Ted C. Tow, Judge

In re the Parental Responsibilities Concerning D.C.R. and D.C.R., Children,

and Concerning Catarino Ramirez, Jr.,

Appellee,

and

Selina Pacheco,

Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur

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


Court of Appeals No. 12CA0042
Bent County District Court No. 11CV75
Honorable Michael Schiferl, Judge

Clay Alexander,

Plaintiff-Appellant,

v.

Michael Anderson, in his official capacity as a member of the Colorado Board of Parole, and other unnamed members of the Colorado Board of Parole, in their official capacities,

Defendants-Appellees.

ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur

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


Court of Appeals No. 12CA0074
Weld County District Court No. 10CV451
Honorable Dinsmore Tuttle, Judge

Jaime Munoz,

Plaintiff-Appellee,

v.

Clayton Wagner; and Courtesy Electric Company,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur

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


Court of Appeals No. 12CA0178
Jefferson County District Court Nos. 10CR3208, 10CR3442, 10CR3451, 11CR2022, 11CR298, 11CR372 & 11CR617
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tamara Michelle Blankenship,

Defendant-Appellant.

APPEAL DISMISSED

Division VI
Opinion by JUDGE LOEB
Gabriel and Dunn, JJ., concur

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


Court of Appeals No. 12CA0256
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-764-331

Lisa Gailey,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Silver Mine Subs; and Mid-Century Insurance Company,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0314
City and County of Denver District Court No. 11CV1721
Honorable Norman D. Haglund, Judge

LaNae Steinhaus; Russ Steinhaus; and In the Dough, Inc., a Colorado corporation,

Plaintiffs-Appellants,

v.

AMCO Insurance Company, an Iowa corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur

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


Court of Appeals No. 12CA0355
City and County of Denver District Court No. 10CV7921
Honorable Ann B. Frick, Judge

Steve Bell,

Plaintiff-Appellant,

v.

Piper Jaffray & Co.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur

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


Court of Appeals No. 12CA0425
Industrial Claim Appeals Office of the State of Colorado
DD No. 11562-2011

R & D International, Inc., d/b/a Young Colors,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training Employer Services - Integrity/Employer Audits,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Fox and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0426
Industrial Claim Appeals Office of the State of Colorado
DD No. 11563-2011

R & D International, Inc. d/b/a Young Colors,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training Employer Services - Integrity Audits,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE FOX
Webb and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0604
Boulder County District Court No. 09CV854
Honorable Ingrid S. Bakke, Judge

Loni Bardon-Frey,

Plaintiff-Appellee,

v.

Lasater & Martin, P.C.,

Attorney-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE BOORAS
Dailey and Furman, JJ., concur

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


Court of Appeals No. 12CA0609
Arapahoe County District Court No. 10CV2678
Honorable J. Mark Hannen, Judge

Fire and Police Pension Association of Colorado,

Petitioner-Appellee and Cross-Appellant,

v.

Glenn D. Guyman,

Respondent-Appellant and Cross-Appellee.

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

Division IV
Opinion by JUDGE FOX
Lichtenstein, J., concurs
Webb, J., dissents

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


Court of Appeals No. 12CA0692
City and County of Denver District Court No. 10CV7921
Honorable Ann B. Frick, Judge

Steve Bell,

Plaintiff-Appellant,

v.

Piper Jaffray & Co.,

Defendant-Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur

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


Court of Appeals No. 12CA0762
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-789-531

Kenneth Martinez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Evraz Rocky Mountain Steel,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0926
Larimer County District Court No. 01CR465
Honorable Julie Kunce Field, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Pecci,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur

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


Court of Appeals No. 12CA1437
Boulder County District Court No. 11JV125
Honorable Andrew R. Macdonald, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning K.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE LOEB
Gabriel and Dunn, JJ., concur

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


Court of Appeals No. 12CA1755
Adams County District Court No. 11JV187
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.S. and Z.S., Children,

and Concerning S.S.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur

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


Court of Appeals No. 12CA1831
Adams County District Court No. 11JV221
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.H.W., I.R.W., and M.A.G., Children,

and Concerning A.C.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Miller and Vogt* JJ., concur

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


Court of Appeals No. 12CA1859
Pueblo County District Court No. 12JV236
Honorable Deborah R. Eyler, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning A.M.,

Respondent-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur

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


Court of Appeals No. 12CA1861
Industrial Claim Appeals Office of the State of Colorado
DD No. 11078-2012

John R. Dann,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Larchwood Inns, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1880
Arapahoe County District Court No. 11JV602
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.C., Child,

and Concerning J.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE VOGT*
Casebolt and Miller, JJ., concur

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


Court of Appeals No. 12CA1925
Adams County District Court No. 10JV93
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of B.M. and T.M., Children,

and Concerning G.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA0267

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Stockard,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1586

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Denton Brosh,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 11CA1887

Ann Marie Damian and John M. Taylor, Jr.,

Plaintiffs-Appellants,

v.

Mountain Parks Electric, Inc., a Colorado cooperative association,

Defendant-Appellee.

Petition for Rehearing DENIED


Court of Appeals No. 11CA2517

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dmitry Pleshakov,

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 || January 24, 2013

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