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Colorado Court of Appeals Opinions || March 7, 2013

Colorado Court of Appeals -- March 7, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

 

Court of Appeals No. 09CA1094
Adams County District Court No. 06CR3387
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William K. Shipp, III,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN
PART AND VACATED IN PART

Division V
Opinion by JUDGE VOGT*
Román, J., concurs
Terry, J., concurs in part and dissents in part

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


Court of Appeals No. 09CA2143
Douglas County District Court No. 02CR416
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark A. Schnabel,

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. 10CA0317
Jefferson County District Court No. 08CR3092
Honorable Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Allen Kidwell,

Defendant-Appellant.

JUDGMENT 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. 10CA1280
City and County of Denver District Court No. 09CR408
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Damon A. Fields,

Defendant-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. 10CA1951
City and County of Denver District Court No. 09CR3746
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alejandro Rojas-Bravo,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA2483
City and County of Denver District Court No. 08CR6205
Honorable Michael A. Martinez, Judge
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Albert Maldonado,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA2540
Adams County District Court No. 09CR2594
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mickeal Paul Lucero,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0015
Pueblo County District Court No. 09CR1493
Honorable Thomas Bradford Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lorenzo Oscar Gonzalez,

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. 11CA0501
Arapahoe County District Court No. 00CR2990
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark William Fraser,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1455
Jefferson County District Court No. 10CR2843
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John McKinley,

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 Nos. 11CA1605
Jefferson County District Court No. 11CV2039
Honorable Christie B. Phillips, Judge

Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the certificate holders of CWHEQ Revolving Home Equity Loan Trust, Series 2007-G,

Plaintiff-Appellee,

v.

William R. Heiss,

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. 11CA1851
City and County of Denver District Court No. 09CV4962
Honorable Brian R. Whitney, Judge

T. Lawton Roberts,

Plaintiff-Appellant,

v.

L&H, LLC; Laura A. Newman, LLC, d/b/a Herb’s and Herb’s Jazz and Blues; Holly Morrison, individually; and Laura A. Newman, individually,

Defendants-Appellees.

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

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

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


Court of Appeals No. 11CA1884
Fremont County District Court No. 10CV146
Honorable Julie G. Marshall, Judge

Heidi R. Wolfgang,

Plaintiff-Appellant,

v.

Pelham P. Staples, M.D.,

Defendant-Appellee.

JUDGMENTS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals Nos. 11CA2388 & 12CA1159
La Plata County District Court No. 09CV363
Honorable David L. Dickinson, Judge

XTO Energy, Inc.,

Plaintiff-Appellee,

and

Kenneth Ray Cardwell and Clara Jane Cardwell (husband and wife); Jennifer Lynn Lake; Patricia Ann Rider Jones, a/k/a Patricia Ann Jones; and Ruby D. Stockdale,

Defendants-Appellees,

v.

Seawatch Royalty Partners LLC, a Wyoming limited liability company,

Defendant-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. 11CA2501
El Paso County District Court No. 09CV6861
Honorable G. David Miller, Judge

Nolte Associates, Inc.,

Plaintiff-Appellant and Cross-Appellee,

v.

Lynn Kehler,

Defendant-Appellee and Cross-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 Nos. 11CA2552 & 12CA0234
City and County of Denver District Court No. 09CV5260
Honorable Ann B. Frick, Judge

Citywide Banks, a Colorado state chartered bank,

Plaintiff-Appellee,

v.

Barnes-Keesee, L.L.C.; and HSB, L.L.C.,

Defendants-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA2618
Arapahoe County District Court No. 06CR2462
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Keith Chapman,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0036
City and County of Denver District Court No. 09CV11343
Honorable R. Michael Mullins, Judge

Marla Geltner,

Plaintiff-Appellant,

v.

Max Mitchell,

Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0073
Boulder County District Court No. 97DR271
Honorable James C. Klein, Judge

In re the Marriage of

Susan Marie Jensen, n/k/a Susan Marie Wisecup,

Appellee,

and

Rod Eric Jensen,

Appellant.

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

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

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


Court of Appeals No. 12CA0465
Boulder County District Court No. 10CV362
Honorable Andrew R. Macdonald, Judge

Frontier Mechanical, Inc.,

Plaintiff-Appellant,

v.

Chick-fil-A, Inc.; and Safeco Insurance Company of America,

Defendants-Appellees.

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. 12CA0504
El Paso County District Court No. 11CV281
Honorable David A. Gilbert, Judge

Waldo Mackey,

Plaintiff-Appellant,

v.

Tom Clements, Executive Director, Colorado Department of Corrections; Pamela Ploughe, Warden, Colorado Territorial Correctional Facility; Dr. Lindsey Fish de Peña; Joyce Crounk, Medical Employee; Danny Englund, Physicians Assistant; and Anthony DeCesaro, Step 3 Grievance Officer,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,
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. 12CA0512
Adams County District Court No. 04CR701
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Stein,

Defendant-Appellant.

ORDER 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. 12CA0600
San Miguel County District Court No. 10CV105
Honorable Mary E. Deganhart, Judge

Trent Cowart and Janice Cowart,

Plaintiffs-Appellants,

v.

Town of Telluride, Colorado, a municipal corporation,

Defendant-Appellee.

JUDGMENT REVERSED IN PART

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

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


Court of Appeals No. 12CA0742
Eagle County District Court No. 10CV295
Honorable R. Thomas Moorhead, Judge

Piney Valley Ranches Trust; Daniel J. Leary; and Eric Applegate,

Plaintiffs-Appellants,

v.

Horse Mountain Ranch Metropolitan District,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIREDTIONS

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

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


Court of Appeals No. 12CA0751
El Paso County District Court No. 97CR3005
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nicky Larone Smith,

Defendant-Appellant.

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. 12CA1115
Jefferson County District Court No. 10CV5117
Honorable Tamara S. Russell, Judge

D.T.,

Plaintiff-Appellant,

v.

K.S.,

Defendant-Appellee.

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. 12CA1255
Mesa County District Court No. 11JD277
Honorable Thomas W. Ossola, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.G.,

Juvenile-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. 12CA1304
Douglas County District Court No. 10JV70
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning M.R.,

Respondent-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. 12CA1307
Arapahoe County District Court No. 97CR3747
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher J. Cox,

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. 12CA1493
Logan County District Court No. 10JV76
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.D., a Child,

and Concerning P.D. and M.D.,

Respondents-Appellants.

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. 12CA1983
El Paso County District Court No. 11JV760
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.S.G., a Child,

and Concerning C.B.,

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. 12CA2186
Pueblo County District Court No. 12MH293
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Marla Posey,

Respondent-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. 12CA2470
Pueblo County District Court No. 12MH316
Honorable William David Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Andrea Ferguson,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA2659

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Albert Cano,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0111

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Galen Duey Robbins, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0241

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Will Corson,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0992

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Frederick D. Moore,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1162

Janny Barizonte,

Plaintiff-Appellant,

and

E. Ronald Beeks,

Attorney-Appellant,

v.

Bouboulina, Inc., d/b/a Vinyl; Darryl Honor, d/b/a LDH Protective Services,

Defendants-Appellees.

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 || March 7, 2013

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