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Colorado Court of Appeals Opinions || February 28, 2013

Colorado Court of Appeals -- February 28, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 10CA0320
Alamosa County District Court No. 08CR288
Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnnie Nicholas Garcia,

Defendant-Appellant.

ORDER AFFIRMED

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


Court of Appeals No. 10CA1480
Arapahoe County District Court No. 07CR2974
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Omer Kelil Hassen,

Defendant-Appellant.

JUDGMENT AND SENTENCE REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1077
Adams County District Court No. 10CR477
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lewis Burton Ridgeway,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1342
Rio Grande County District Court No. 07CV87
Honorable John K. Kuenhold, Judge

William P. Settle and Corinna Settle,

Plaintiffs-Appellants,

v.

Janet M. Basinger, M.D.; and Valley Citizens Foundation for Health Care, Inc., d/b/a/ Rio Grande Hospital,

Defendants-Appellees.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA1802
Weld County District Court No. 02CR562
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter Leo Dinkel,

Defendant-Appellant.

ORDER AFFIRMED

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


Court of Appeals Nos. 11CA1856 & 11CA1857
City and County of Denver District Court Nos. 11CV4424 & 11CV4427
Honorable Michael A. Martinez, Judge

Taxpayers for Public Education; Cindra S. Barnard; Marson S. Barnard; James LaRue; Suzanne T. Larue; Interfaith Alliance of Colorado; Rabbi Joel R. Schwartzman; Reverend Malcolm Himschoot; Kevin Leung; Christian Moreau; Maritza Carrera;

and Susan McMahon,

Plaintiffs-Appellees,

v.

Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education,

Defendants-Appellants

and

Florence and Derrick Doyle, on their own behalf and as next friends of their children, A.D. and D.D.; Diana and Mark Oakley, on their own behalf and as next friends of their child, N.O.; Jeanette Strohm-Anderson and Mark Anderson, on their own behalf and as next friends of their child, M.A.,

Intervenors-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE J. JONES
Graham, J., concurs
Bernard, J., dissents


Court of Appeals No. 11CA1886
Jefferson County District Court No. 10DR1216
Honorable Dennis J. Hall, Judge

In re the Marriage of

Sarah Joanne Rivera,

Appellee,

and

Ryan Lee Rivera,

Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA2103
Grand County District Court No. 09CR123
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Gravina,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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


Court of Appeals No. 11CA2293
Adams County District Court No. 08CR896
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Esteban Campos-Corona,

Defendant-Appellant.

ORDER AFFIRMED

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


Court of Appeals No. 12CA0130
Adams County District Court No. 10CV1994
Honorable C. Scott Crabtree, Judge

Northglenn Urban Renewal Authority,

Plaintiff-Appellant,

v.

Gil Reyes, in his official capacity as Adams County Assessor; and Board of County Commissioners of the County of Adams,

Defendants-Appellees.

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

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


Court of Appeals No. 12CA0654
El Paso County District Court No. 11CV2475
Honorable G. David Miller, Judge

Shelter Mutual Insurance Company,

Plaintiff-Appellee,

v.

Steven D. Vaughn and Alvin J. Miller,

Defendants-Appellants.

JUDGMENT AFFIRMED

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


Court of Appeals No. 12CA0967
Weld County District Court No. 11CV610
Honorable Dinsmore Tuttle, Judge

Vista Ridge Master Homeowners Association, Inc.,

Plaintiff-Appellee,

v.

Arcadia Holdings at Vista Ridge, LLC,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2123
El Paso County District Court No. 05CR3380
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brenda Lee Vargas,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 09CA1448
City and County of Denver District Court No. 08CR241
Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brett Candelaria,

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. 09CA2098
Arapahoe County District Court No. 07CR2698
Honorable Valeria J. Spencer, Judge
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Lee Dean,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA0241
Adams County District Court No. 09CR1403
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Joseph McCallum,

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. 10CA1839
City and County of Denver District Court No. 09CR4814
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hector Huerta, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA2388
Jefferson County District Court No. 09CR2533
Honorable Dennis Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Israel Cisneros,

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. 11CA0658
Las Animas County District Court No. 10CR36
Honorable Leslie J. Gerbracht, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Don Darrell Duran,

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. 11CA0758
Adams County District Court No. 10CR331
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricky Laverne Walker, Jr.,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1776
Douglas County District Court No. 09DR176
Honorable Christopher C. Cross, Judge

In re the Marriage of

Jennifer Anne Pieratt, n/k/a Jennifer Anne Gietl,

Appellee,

and

Brett Wilson Pieratt,

Appellant.

JUDGMENT REVERSED 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. 11CA1837
City and County of Denver District Court No. 04CR3749
Honorable Michael A. Martinez, Judge
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roy Standing-Crow,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1889
Mesa County District Court No. 09CR70
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Michael Tharp,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA2113
Adams County District Court No. 05CR3234
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Muhammed Nazir Al-Chalati,

Defendant-Appellant.

ORDER ARFFIRMED

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

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


Court of Appeals No. 11CA2259
El Paso County District Court No. 11CR1055
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Melanie Lynn Ucker,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2435
La Plata County District Court No. 10CV279
Honorable Frank Plaut, Judge

GCC Energy, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Industrial Systems, Inc., a Colorado corporation; and Kinergy Corporation, a Kentucky corporation,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE STERNBERG*
Dunn, J., concurs
Gabriel, J., concurs in part and dissents in part

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


Court of Appeals Nos. 12CA0083
Douglas County District Court No. 04DR340
Honorable Donald W. Marshall, Judge

In re the Marriage of

Tammy Louise Davies,

Appellant,

and

Christopher Ryan Goodsell,

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. 12CA0118
Boulder County District Court No. 97CR2571
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Morales,

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. 12CA0183
City and County of Denver District Court No. 10DR3770
Honorable Herbert L. Stern, III, Judge

In re the Marriage of

Valerie L. Miller,

Appellee,

and

David Abegg,

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. 12CA0228
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-761-745

Jane Baldwin,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Air Wisconsin Airlines Corporation; and ACE,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0484
El Paso County District Court No. 98CR5204
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Maurice Little,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0662
Adams County District Court No. 11CR1571
Honorable Emil A. Rinaldi, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theodore Dean Acosta,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA0744
La Plata County District Court No. 09CV446
Honorable Jeffrey R. Wilson, Judge

Bank of the San Juans, a Colorado banking corporation,

Plaintiff-Appellee,

v.

James H. Custer,

Defendant-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0993
Adams County District Court No. 07CR1715
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Malden Spencer,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1038
El Paso County District Court No. 10DR1428
Honorable Deborah J. Grohs, Judge

In re the Marriage of

Susanna Frederick,

Appellee,

and

Charles Frederick,

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. 12CA1235
City and County of Denver District Court Nos. 02CR2824 & 02CR2825
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Buchanan, III,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1246
City and County of Denver District Court No. 06CR6192
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrina Flora-Alexander,

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. 12CA1909
Industrial Claim Appeals Office of the State of Colorado
DD No. 14222-2012

Christopher S. Hay,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Tranoi Ristoranti, LLC, d/b/a Rustico,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA1955
Mesa County District Court No. 11JV425
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.R.,

Respondent-Appellant.

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. 12CA2051
Industrial Claim Appeals Office of the State of Colorado
DD No. 17320-2012

Town of Monument,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mark A. Carmel,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No. 12CA2323
Industrial Claim Appeals Office of the State of Colorado
DD No. 16100-2012

Richard A. Gomez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and RME Trucking, LLC,

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE NIETO*
Davidson, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 12CA2586
City and County of Denver County Probate Court No. 12MH633
Honorable Ruben M. Hernandez, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Eugene Zuniga,

Respondent-Appellant.

ORDERS AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA1142

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sofio Cruz-Rosales,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1313

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel John Martinez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0414

Rose L. Watson Revocable Trust,

Plaintiff-Appellant,

v.

BP America Production Company,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1500

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Alan Britton,

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 28, 2013

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