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Colorado Court of Appeals Opinions || April 4, 2013

Colorado Court of Appeals -- April 4, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA2388

Logan County District Court No. 08CR208

Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jake Lewis Gurule,

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. 10CA0469

Adams County District Court No. 08CR571

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cutberto Garcia-Barrios,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Dunn, J., concurs

Gabriel, J., dissents

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


Court of Appeals No. 10CA0992

Mesa County District Court No. 10CR1285

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jarrod Ralph Rutter,

Defendant-Appellant.

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

Division VII

Opinion by JUDGE HAWTHORNE

Taubman, J., concurs

Graham, J., concurs in part and dissents in part

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


Court of Appeals No. 10CA1377

El Paso County District Court No. 09CR2720

Honorable Jann P. DuBois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Delaluz Torres-Munoz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

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


Court of Appeals No. 10CA1405

Boulder County District Court No. 03CV55

Honorable D.D. Mallard, Judge

Lynn Young, individually and on behalf of all others similarly situated,

Plaintiff-Appellant,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation,

Defendant-Appellee.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE FURMAN

Gabriel and Richman, JJ., concur

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


Court of Appeals No. 11CA0173

El Paso County District Court No. 09CR1305

Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael E. Redd,

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. 11CA0196

Saguache County District Court No. 03CR7

Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jody Jowell,

Defendant-Appellant.

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. 11CA0794

Fremont County District Court No. 09CR266

Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David R. Chacon,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Miller and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1318

City and County of Denver District Court No. 04CR3223

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Ramon D. Romero,

Defendant-Appellant.

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. 11CA1319

Douglas County District Court No. 10CR59

Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Nathan Turner,

Defendant-Appellant.

JUDGMENT 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. 11CA2138

El Paso County District Court No. 02CR2770

Honorable Robert W. Ogburn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip Andrew Punk, Jr.,

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. 11CA2577

Larimer County District Court No. 02CR713

Honorable Steven E. Shinn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Anthony Aragon,

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. 12CA0022

City and County of Denver District Court No. 09CV7890

Honorable R. Michael Mullins, Judge

Deborah A. Sanders,

Plaintiff-Appellant,

v.

Frank Chae, M.D.,

Defendant-Appellee.

JUDGMENT 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. 12CA0154

La Plata County District Court No. 09CV511

Honorable David L. Dickinson, Judge

Honorable Frank Plaut, Judge

Honorable David A. Cole, Judge

Christopher D. Haynes; and Junior’s Farm and Distribution, Inc., a Colorado corporation,

Plaintiffs-Appellants,

v.

Sara Lee Fresh, Inc., a Delaware Corporation,

Defendant-Appellee.

APPEAL DISMISSED IN PART, 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. 12CA0547

Douglas County District Court No. 04DR168

Honorable Angela R. Arkin, Judge

In re the Marriage of

Mary E. Schmedeman,

Appellee,

and

Danny D. Schmedeman,

Appellant.

JUDGMENT 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. 12CA0637

El Paso County District Court No. 10CR3298

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Judy Ann Romero,

Defendant-Appellee.

SENTENCE VACATED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

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


Court of Appeals No. 12CA0746

El Paso County District Court No. 09PR39

Honorable Robin L. Chittum, Magistrate

In the Matter of the Estate of Raymond Harding Vavrinek, a/k/a Raymond Vavrinek, deceased.

Janice R. Tanquary,

Appellant,

v.

Barbara J. Oliver, as Personal Representative for the Estate of Raymond Harding Vavrinek,

Appellee.

ORDER AFFIRMED

Division III

Opinion by JUDGE FURMAN

Booras and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA1252

Montezuma County District Court No. 11CV93

Honorable Douglas S. Walker, Judge

Golden Years Retirement Home,

Plaintiff-Appellant,

v.

Colorado Department of Public Health and Environment,

Defendant-Appellee.

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. 12CA1311

Adams County District Court No. 11PR590

Honorable C. Vincent Phelps, Judge

In the Matter of the Estate of Robert Dale Wollnick, deceased.

Charles Dale Wollnick,

Appellant,

v.

Karen Benson, Probate Administrator, and Robert Douglas Wollnick,

Appellees.

ORDER AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

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


Court of Appeals No. 12CA2365

City and County of Denver Juvenile Court No. 11JV1519

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.R.B.R. and F.I.S., Children,

and Concerning J.I.S. and S.B.R.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J., and Webb, J., concur

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


PEITITIONS FOR REHEARING

Court of Appeals No. 11CA1077

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lewis Burton Ridgeway,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA2482

Darryl Martin,

Plaintiff-Appellant,

v.

Attorney General, State of Colorado; Governor J. Hickenlooper; Executive Director of CDOC, Tom Clements; San Carlos Correctional Facility, Warden; and McCullor, Sex Offender Treatment Director,

Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2571

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jaime Perez,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0323

Darryl Martin,

Plaintiff-Appellant,

v.

Executive Director of the CDOC, Tom Clements; and Mr. Tafoya, Warden of San Carlos Correctional Facility,

Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0887

Scott Hansen,

Petitioner-Appellant,

v.

School District No. 1, City and County of Denver, Colorado,

Respondent-Appellee,

and

Office of Administrative Courts,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1630

Scott Hansen,

Plaintiff-Appellant,

v.

School District No. 1, City and County of Denver, Colorado,

Defendant-Appellee.

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 || April 4, 2013

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