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Colorado Court of Appeals Opinions || January 31, 2013

Colorado Court of Appeals -- January 31, 2013
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 09CA2147
Douglas County District Court No. 06CR678
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Charles Houser,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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


 

Court of Appeals No. 12CA0445
Jefferson County District Court No. 11CV1417
Honorable Philip J. McNulty, Judge

Target Corporation, a Minnesota corporation,

Plaintiff-Appellee,

v.

Prestige Maintenance USA, Ltd.,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


 

Court of Appeals No. 12CA2482
City and County of Denver District Court No. 09DR775
Honorable William D. Robbins, Judge
Honorable Karen F. Hubler, Magistrate

In re the Parental Responsibilities Concerning M.D.E., a child,

and Concerning Bernice M. Spencer,

Intervenor-Respondent,

and

Scott D. Rottler,

Petitioner.

ORDER VACATED

Division A
Opinion by JUDGE J. JONES
Webb and Gabriel, JJ., concur


 

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA0907

Larimer County District Court No. 02CR1285

Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Guadalupe Pete Delgado,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 09CA1609
City and County of Denver District Court No. 03CR4418
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward L. Castleberry,

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. 09CA1852
Jefferson County District Court No. 08CR3320
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillipp Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Román and Terry, JJ., concur

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


 

Court of Appeals No. 10CA0174
City and County of Denver District Court Nos. 09CR156 & 09CR654
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gradie Miles,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Loeb, J., concurs
Gabriel, J., dissents

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


 

Court of Appeals No. 10CA0548
Jefferson County District Court No. 09CR314
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Eric Gibson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals No. 10CA1872
Arapahoe County District Court No. 08CR1465
Honorable J. Mark Hannen, Judge
Honorable Elizabeth A. Weishaupl, Judge
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlo Nicholas Celani,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur

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


 

 

Court of Appeals No. 10CA2027
Arapahoe County District Court No. 01CR3376
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Benjamin Wear,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE PLANK*
Taubman and Sternberg*, JJ., concur

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


 

Court of Appeals No. 10CA2186
Arapahoe County District Court No. 07CR2116
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Thompson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals No. 10CA2659
Adams County District Court No. 96CR12
Honorable Harlan R. Bockman, Judge
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Albert Cano,

Defendant-Appellant.

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

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

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


 

Court of Appeals No. 11CA0353
El Paso County District Court No. 08CR4217
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adler Volmar,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals No. 11CA1185
Adams County District Court No. 10CR2415
Honorable John E. Popovich, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher David Juarez,

Defendant-Appellant.

SENTENCES 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. 11CA1517
Arapahoe County District Court No. 09CR1858
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Brijon Jones,

Defendant-Appellant.

ORDER AFFIRMED

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

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


 

Court of Appeals No. 11CA1753
Adams County District Court No. 10CV490
Honorable C. Scott Crabtree, Judge

Regency Realty Group, Inc.,

Plaintiff-Appellant,

v.

Terracon Consultants, Inc., a Delaware corporation, d/b/a Terracon,

Defendant-Appellee.

JUDGMENT 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. 11CA1790
Adams County District Court No. 10CR3285
Honorable John Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodolfo Chavez,

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. 11CA2012
City and County of Denver District Court No. 05CR3229
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dejuan L. Vandyke,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, JJ., concur

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


 

Court of Appeals No. 11CA2275
Adams County District Court No. 99CR2022
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reynoldo Flores,

Defendant-Appellant.

APPEAL DISMISSED

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

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


 

Court of Appeals No. 11CA2581
El Paso County District Court No. 05CR3776
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Nicholls,

Defendant-Appellant.

ORDER AFFIRMED

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

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


 

Court of Appeals No. 12CA0427
Industrial Claim Appeals Office of the State of Colorado
DD115642011

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 KAPELKE*
Webb and Fox, JJ., concur

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


 

Court of Appeals No. 12CA0482
Pueblo County District Court No. 09DR1163
Honorable Clinton A. Smith, Judge

In re the Parental Responsibilities Concerning J.D.R., Child,

and Concerning Filemon Rael,

Appellant,

and

Rori Anne Kochevar,

Appellee.

APPEAL DISMISSED WITHOUT PREJUDICE

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. 12CA0499
Park County District Court No. 11DR1
Honorable Stephen A. Groome, Judge

In re the Marriage of

Christiann Castillo,

Appellee,

and

Allen R. Summers, Jr.,

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. 12CA0562
El Paso County District Court No. 11CV3130
Honorable Kirk S. Samelson, Judge

Andrea L. Meyer,

Plaintiff-Appellant,

v.

Crystal A. Bretton,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, JJ., concur

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


 

Court of Appeals No. 12CA0819
El Paso County District Court No. 06DR3465
Honorable Theresa M. Cisneros, Judge

In re the Marriage of

Diane Hamilton,

Appellee,

and

William E. Stumpe,

Appellant.

APPEAL DISMISSED IN PART
AND ORDER AFFIRMED IN PART

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

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


 

Court of Appeals No. 12CA1088
Adams County District Court No. 04CR3051
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James R. Sardakowski,

Defendant-Appellant.

ORDERS AFFIRMED

Division B
Carparelli, Román, and Terry, JJ.
PER CURIAM

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


 

Court of Appeals No. 12CA1192
Adams County District Court No. 09CR161
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeramy Jacob McCauley,

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. 12CA1199
Jefferson County District Court No. 08CR2096
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James S. Powell,

Defendant-Appellant.

ORDER 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. 12CA1500
Larimer County District Court No. 02CR1966
Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Alan Britton,

Defendant-Appellant.

ORDERS 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. 12CA1691
Alamosa County District Court No. 10JV42
Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.S. and P.S., Children,

and Concerning S.S.,

Respondent-Appellant.

JUDGMENT 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. 12CA2017
Industrial Claim Appeals Office of the State of Colorado
DD No. 13578-2012

John A. Elzea,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Roomlinx, Inc.,

Respondents.

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. 12CA2044
Industrial Claim Appeals Office of the State of Colorado
DD No. 11845-2012

Michelle A. Strassell,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and CBALL Ventures LLC, d/b/a Dealers Auto Auction of the Rockies,

Respondents.

ORDER AFFIRMED

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

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


 

PETITIONS FOR REHEARING

Court of Appeals No. 09CA2404

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Romielo Rodriguez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA0529

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Bradburn,

Defendant-Appellant.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA0972

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Oloyea Wallin,

Defendant-Appellant.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA1829

Health Grades, Inc., a Colorado Corporation,

Plaintiff-Appellant and Cross-Appellee,

v.

Christopher Boyer and Patrick Singson,

Defendants-Appellees and Cross-Appellants.

Opinion Modified and

Petition for Rehearing DENIED


 

Court of Appeals No. 11CA1970

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Stogsdill,

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 31, 2013

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