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Colorado Court of Appeals Opinions || February 21, 2013

Colorado Court of Appeals -- February 21, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1640
City and County of Denver District Court No. 08CR2884
Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alberto Martinez,

Defendant-Appellant.

JUDGMENT 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. 10CA0170
Jefferson County District Court No. 08CR1063
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christine Michelle Vinson,

Defendant-Appellant.

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

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

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


Court of Appeals No. 10CA1268
Larimer County District Court No. 08CR1722
Honorable Terence A. Gilmore, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul David Minich,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1278
Adams County District Court No. 08CR3330
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gabriel Feliciano Diaz,

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. 10CA2259
El Paso County District Court No. 99CR4252
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Sean Edmond,

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. 10CA2579
City and County of Denver District Court Nos. 09CR190 & 09CR2793
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reginald William Whitaker-Bey,

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. 11CA0625
Arapahoe County District Court No. 03CR2678
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Andrew Jesso,

Defendant-Appellant.

ORDER 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. 11CA1589
City and County of Denver Juvenile Court No. 11JA95
Honorable Karen M. Ashby, Judge
Honorable Howard V. Bartlett, Magistrate

In re the Petition of the Estate of David Vernon Roll,

Petitioner-Appellant,

and Concerning the People of the State of Colorado,

Respondent-Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE LICHTENSTEIN
Fox, J., concurs
Webb, J., dissents

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


Court of Appeals No. 11CA1793
Arapahoe County District Court No. 10CR2069
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Bonifacio Gonzales,

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. 11CA1925
Adams County District Court No. 10CR1143
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Salvador Antonio Beserra,

Defendant-Appellant.

JUDGMENT 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. 11CA1996
El Paso County District Court No. 08CR560
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John F. Fisher,

Defendant-Appellant.

ORDERS AFFIRMED 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. 11CA2287
City and County of Denver District Court No. 06CR312
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James E. Washington,

Defendant-Appellant.

ORDER 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. 11CA2290
Arapahoe County District Court No. 11CV1810
Honorable J. Mark Hannen, Judge

Courtnee M. Fann,

Petitioner-Appellant,

v.

Office of Administrative Courts,

Respondent-Appellee.

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. 11CA2296
Arapahoe County District Court No. 10DR3442
Honorable Kathleen Marie Janski, Magistrate

In re the Marriage of

Dae Hung Im,

Appellant,

and

Gina S. Kim,

Appellee.

Order REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2320
Arapahoe County District Court No. 08CR2762
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victoria Dawn Wright,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2346
Larimer County District Court Nos. 07CR1533, 08CR227, 08CR409 & 09CR720
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nikolay Borisivich Pokatilov,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur

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


Court of Appeals No. 11CA2353
El Paso County District Court No. 04DR1903
Honorable Will Bain, Judge

In re the Marriage of

Christopher P. Forno,

Appellee and Cross-Appellant,

and

N. Elizabeth Forno,

Appellant and Cross-Appellee

and Concerning El Paso County CSE Unit

Intervenor-Appellee.

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. 11CA2378
La Plata County District Court No. 07CV118
Honorable Jeffrey R. Wilson, Judge

Daniel Hoch, d/b/a Daniel’s Concrete & Excavation,

Plaintiff-Appellee,

v.

James E. Preston,

Defendant-Appellant.

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. 11CA2566
Boulder County District Court No. 10CV1220
Honorable Ingrid S. Bakke, Judge
Honorable Lisa D. Hamilton-Fieldman, Magistrate

Renee Donia and Brandon David,

Plaintiffs-Appellants,

v.

Robin Schiesser,

Defendant-Appellee.

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

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

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


Court of Appeals No. 11CA2571
City and County of Denver District Court No. 10CR10131
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jaime Perez,

Defendant-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. 12CA0265
Douglas County District Court No. 11CV2243
Honorable Vincent R. White, Judge

Gunther Eugene Aguilar-Glaub,

Plaintiff-Appellant,

v.

Honorable Paul A. King,

Defendant-Appellee.

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. 12CA0416
Douglas County District Court No. 08CV2141
Honorable Richard B. Caschette, Judge

The Hal Marshall Sears Revocable Trust,

Plaintiff-Appellant,

v.

Performance Engineering, Inc.; and Thomas Schott, P.E.,

Third-Party Defendants-Appellees.

APPEAL DISMISSED IN PART
AND JUDGMENT 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. 12CA0446
Arapahoe County District Court No. 09CV1855
Honorable Charles M. Pratt, Judge

Adam Robert Vanderpool,

Plaintiff-Appellant,

v.

Jeremy Loftness,

Defendant-Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,
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. 12CA0601
El Paso County District Court No. 08DR3058
Honorable Michael P. McHenry, Judge

In re the Marriage of

Kelly Roth,

Appellant,

and

Robert Roth,

Appellee.

ORDER 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. 12CA0800
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-674-208

Diane L. Coxen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Laidlaw Transit, Inc.; and Insurance Company of the State of Pennsylvania,

Respondents.

ORDER 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. 12CA0886
City and County of Denver District Court No. 89CR2418
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Airrik Jermal Russell,

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. 12CA0912
Arapahoe County District Court No. 11CV1306
Honorable J. Mark Hannen, Judge

Larry Gordon,

Plaintiff-Appellant,

v.

Red Sky Homeowners Association,

Defendant-Appellee.

ORDERS 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. 12CA0921
City and County of Denver District Court No. 11CV1584
Honorable Michael A. Martinez, Judge

Michael Sackel,

Plaintiff-Appellant,

v.

Ronald Phillips; Timothy Nester; Comcast Cable Communications, LLC; and Comcast Cable Communications Holdings, Inc.,

Defendant-Appellee.

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. 12CA1080
Arapahoe County District Court No. 07CR619
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Joseph Paiz,

Defendant-Appellant.

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. 12CA1085
Montrose County District Court No. 11CV472
Honorable Mary E. Deganhart, Judge

Paula Marlatt and William W. Marlatt,

Plaintiffs-Appellants,

v.

Bank of America, N.A.; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP; and Mortgage Electronic Registration Systems, Inc.,

Defendants-Appellees.

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. 12CA1194
Garfield County District Court No. 11CV30
Honorable Daniel B. Petre, Judge

Joseph P. Cotter,

Plaintiff-Appellant,

v.

The Law Offices of Paul Gertz, P.C.,

Defendant-Appellee.

JUDGMENT 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. 12CA1622
Larimer County District Court No. 10JV559
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.T., a Child,

and Concerning D.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1783
City and County of Denver Juvenile Court No. 08JV2702
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.L.A., R.L.A., R.R.A., R.R.A., Children,

and Concerning R.L.A. and L.R.C.,

Respondents-Appellants.

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. 12CA1800
Industrial Claim Appeals Office of the State of Colorado
DD No. 12899-2012

Darren L. Baze,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Trinity Brewing Company,

Respondents.

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. 12CA1898
Weld County District Court No. 11JV413
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.K., a Child,

and Concerning B.K.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE NEY*
Davidson, C.J., and Vogt*, J., concur

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


Court of Appeals No. 12CA2047
El Paso County District Court No. 11JV623
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.C. and A.C., Children,

and Concerning A.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE VOGT*
Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No. 12CA2064
Industrial Claim Appeals Office of the State of Colorado
DD No. 14460-2012

Sonia A. Mendez,

Petitioner,

v.

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

Respondents.

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. 12CA2222
Industrial Claim Appeals Office of the State of Colorado
DD No. 6138-2012

Diana L. Frank,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Office Depot, 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. 12CA2433
City and County of Denver Probate Court No. 12MH363
Honorable Elizabeth D. Leith, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Brian Thomas Wengler,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA1195

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fred Keith Loftin,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1790

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodolfo Chavez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0926

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Pecci,

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 || February 21, 2013

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