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Colorado Court of Appeals Opinions || March 21, 2013

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

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1000

Jefferson County District Court No. 06CR4260

Honorable Mary Jo Menendez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Miera, Jr.,

Defendant-Appellant.

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. 10CA0117

Arapahoe County District Court No. 98CR171

Honorable Kurt A. Horton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephen Craft,

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. 10CA0537

El Paso County District Court No. 09CR2132

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincente Salas Santos, Jr.,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA0683

Jefferson County District Court Nos. 01CR3472 & 02CR1045

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Chance Haskett,

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. 10CA1375

Weld County District Court No. 09CR1014

Honorable Gilbert Andrew Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip Romero,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE LICHTENSTEIN

Gabriel and Vogt*, JJ., concur

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


Court of Appeals No. 11CA0179

Jefferson County District Court No. 09CR3177

Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Lee Nanninga,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Graham and Roy*, JJ., concur

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


Court of Appeals No. 11CA0223

Mesa County District Court No. 06CR1183

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane Edward Johnson,

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. 11CA0540

Arapahoe County District Court No. 08CR2750

Honorable Kurt A. Horton, Judge

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kindu Jubar Ealey,

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. 11CA0814

Larimer County District Court No. 06CR1768

Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Michael Kaywood,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE ROMÁN

Terry and Roy*, JJ., concur

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


Court of Appeals No. 11CA1034

Otero County District Court No. 04CR247

Honorable Michael A. Schiferl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willard Clayton Smith,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE GRAHAM

Taubman and Roy*, JJ., concur

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


Court of Appeals No. 11CA1452

El Paso County District Court No. 10CR2694

Honorable William B. Bain, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Andrew Budynas,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE ROMán

Terry and Ney*, JJ., concur

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


Court of Appeals No. 11CA1608

El Paso County District Court No. 98CR571

Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Sims,

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. 11CA1768

Weld District Court No. 10CR1613

Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Trujillo,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE NEY*

Román and Terry, JJ., concur

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


Court of Appeals Nos. 11CA1912 & 12CA0028

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-430-788

Kimberly Mahana,

Petitioner and Cross-Appellee,

v.

Industrial Claim Appeals Office of the State of Colorado,

Respondent,

and

Grand County; and County Worker’s Compensation Pool,

Respondents and Cross-Appellants.

ORDERS 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. 11CA2028

Arapahoe County District Court No. 05CR3424

Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roderick Deon Bracken,

Defendant-Appellant.

Order affirmed

Division V

Opinion by JUDGE TERRY

Román and Ney*, JJ., concur

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


Court of Appeals No. 11CA2480

City and County of Denver District Court No. 89CR245

Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph S. Herrera,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by CHIEF JUDGE DAVIDSON

Márquez* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA0144

Jefferson County District Court No. 90CR1114

Honorable Tom Woodford, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alan Swendra,

Defendant-Appellant.

ORDER AFFIRMED IN PART, SENTENCE REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J., and Vogt*, J., concur

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


Court of Appeals No. 12CA0272

City and County of Denver District Court No. 00CR3271

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Hogan,

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. 12CA0405

Fremont County District Court No. 10CV226

Honorable Stephen A. Groome, Judge

Karl H. Beecroft,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Graham and Roy*, JJ., concur

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


Court of Appeals No. 12CA0452

Elbert County District Court No. 09CV408

Honorable Jeffrey K. Holmes, Judge

Michael Woodard,

Plaintiff-Appellant,

v.

Elizabeth 86 Investments, LLC, a Colorado limited liability company; Elizabeth 86 II, LLC, a Colorado limited liability company; Elizabeth 86 Water, LLC, a Colorado limited liability company; and Snell & Wilmer LLP,

Defendants-Appellees.

JUDGMENTS AFFIRMED 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. 12CA0478

Boulder County District Court No. 98CR2283

Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Thomas Gettings,

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. 12CA0619

Boulder County District Court No. 07DR1444

Honorable James C. Klein, Judge

In re the Marriage of

Elaine Iatridis, n/k/a Elaine Lyria Pascal,

Appellee,

and

Asimakis Iatridis,

Appellant.

APPEAL DISMISSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE GRAHAM

Taubman and Roy*, JJ., concur

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


Court of Appeals No. 12CA0671

Montrose County District Court No. 11CV400

Honorable Mary E. Deganhart, Judge

Elly Just,

Plaintiff-Appellee,

v.

David P. Lorentzen,

Defendant-Appellant.

ORDERS AFFIRMED 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. 12CA0680

El Paso County District Court No. 08CV1098

Honorable David A. Gilbert, Judge

Rasa Krasauskiene,

Plaintiff-Appellant,

v.

Ptarmigan Townhouse Owners’ Association, Inc.,

Defendant-Appellee.

ORDER 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. 12CA0760

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-738-209

Jack McGuire,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Family Dollar Stores, Inc.; and Ace American Insurance Company,

Respondents.

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. 12CA0918

Industrial Claim Appeals Office of the State of Colorado

DD No. 31748-2011

Rudy M. Ornelas,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J., and Ney*, J., concur

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


Court of Appeals No. 12CA0927

Board of Assessment Appeals No. 59637

Jason W. Bradford; Dale Anthony Bradford Trust; Karen Jo Harper Bradford Trust; Tony Bradford; and Karen Bradford,

Petitioners-Appellees,

v.

Chaffee County Board of Equalization,

Respondent-Appellant,

and

Board of Assessment Appeals.

Appellee.

ORDER 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. 12CA1335

Lincoln County District Court No. 09CR40

Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tommy Edward Cowart,

Defendant-Appellant.

SENTENCE 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. 12CA1351

Industrial Claim Appeals Office of the State of Colorado

DD No. 5928-2012

Ashley J. Zamani,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Timothy Masterson D.D.S., P.C.,

Respondents.

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. 12CA1401

City and County of Denver District Court Nos. 99CR4131 and 99CR4135

Honorable Herbert L. Stern, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger L. Clarke,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE VOGT*

Davidson, C.J., and Márquez*, J., concur

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


Court of Appeals No. 12CA1464

Crowley County District Court No. 11CV63

Honorable Michael Schiferl, Judge

Reginald Keith Reed,

Plaintiff-Appellant,

v.

Colorado Department of Corrections and Colorado Parole Board,

Defendants-Appellees.

APPEAL DISMISSED

Division VI

Opinion by JUDGE DUNN

Loeb and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1811
Industrial Claim Appeals Office of the State of Colorado

DD No. 6576-2012

Kenneth A. Kovacic,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Colorado School of Mines 270 300,

Respondents.

ORDER 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. 12CA2286

Industrial Claim Appeals Office of the State of Colorado

DD No. 4680-2012

Robert H. Johnston,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and ESG Achievement,

Respondents.

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. 12CA2491

Industrial Claim Appeals Office of the State of Colorado

DD No. 20431-2012

Patricia A. Meek,

Petitioner,

v.

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

Respondents.

ORDER 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. 12CA2560

Pueblo County District Court No. 10MH33

Honorable William Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Earl James Crownhart,

Respondent-Appellant.

ORDERS 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. 12CA2653

Industrial Claim Appeals Office of the State of Colorado

DD No. 20854-2012

Charles J. Warren,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Bernard and J. Jones, JJ., concur

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


P E T I T I O N S F O R R E H E A R I N G

Court of Appeals No. 10CA1268

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul David Minich,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0501

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark William Fraser,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1163

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Sean Edmond,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0247

Autumn Warner, d/b/a Autumn Teneyl Designs,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,

Respondents.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0886

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Airrik Jermal Russell,

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 || March 21, 2013

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