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Colorado Court of Appeals Opinions || April 18, 2013

Colorado Court of Appeals -- April 18, 2013
Announcement Sheet

 

 

 

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1523
Larimer County District Court No. 08CR804
Honorable Daniel J. Kaup, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Whitler,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Fox, J., concurs
Lichtenstein, J., dissents

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


Court of Appeals No. 09CA2771
Weld County District Court No. 08CR2289
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Reinhardt,

Defendant-Appellant.

JUDGMENT REVERSED 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. 10CA0468
Douglas County District Court No. 06CR742
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Sands,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
Loeb and Vogt*, JJ., concur

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


Court of Appeals No. 10CA0589
Jefferson County District Court No. 09CR1117
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reana Corinne Renaud,

Defendant-Appellant.

JUDGMENT REVERSED

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

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


Court of Appeals No. 10CA1876
City and County of Denver District Court No. 09CR3921
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Genaro Lozano-Salazar,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Fox, J., concurs
Lichtenstein, J., specially concurs

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


Court of Appeals No. 11CA0392
Mesa County District Court No. 06CR98
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robin Jay Clifton,

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. 11CA0578
Arapahoe County District Court No. 04CR2513
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Russell L. Tucker,

Defendant-Appellant.

SENTENCE AFFIRMED

Division III
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Rothenberg*, JJ., concur

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


Court of Appeals No. 11CA0973
City and County of Denver District Court Nos. 94CR3258, 97CR4674 & 98CR4243
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Joe Garcia,

Defendant-Appellant.

ORDERS 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. 11CA1015
Adams County District Court No. 00CR1673
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Gregory Melina, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division VIOpinion by JUDGE VOGT*
Loeb and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1740
City and County of Denver District Court No. 97CR1331
Honorable William D. Robbins, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Joe Garcia,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,
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. 11CA2222
Arapahoe County District Court Nos. 06CR2917, 09CR2737, 10CR142, & 10CR148
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Clynell Watts,

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. 11CA2262
El Paso County District Court No. 91CR1718
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl William Pursley, Jr.,

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. 11CA2447
City and County of Denver District Court No. 11CV4568
Honorable A. Bruce Jones, Judge

Christopher E. Urbina, M.D., M.P.H., Executive Director and Chief Medical Officer, Colorado Department of Public Health and Environment,

Petitioner-Appellee,

v.

C.M.,

Respondent-Appellant.

ORDER VACATED

Division IV
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0584
Mesa County District Court No. 00CR1023
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tye Jason Smith,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Rothenberg*, J., concur

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


Court of Appeals No. 12CA0596
San Miguel County District Court No. 10CV79
Honorable James W. Schum, Judge

Leslie R. Evans and Esther H. Evans,

Plaintiffs-Appellants,

v.

BCB Properties, LLC, a Colorado limited liability company; and Alan Towbin,

Defendants-Appellees.

JUDGMENT 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. 12CA0754
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-786-402

Cristela Revolorio-Linares,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; JBS Swift and Company; and Zurich American Insurance Company,

Respondents.

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. 12CA0827
City and County of Denver District Court No. 11CV7481
Honorable Herbert L. Stern, III, Judge

Denver International Airport, a division of the City and County of Denver,

Plaintiff-Appellant,

v.

J.A. Walker Company, Inc.,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0838
El Paso County District Court No. 94CR103
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert E. Ziegler, a/k/a Robert E. Zeigler,

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. 12CA0952
Weld County District Court No. 11DR1048
Honorable Marcelo A. Kopcow, Judge

In re the Marriage of

Jodie Aakko, f/k/a Jodie Watson,

Appellant,

and

Michael Lanier Watson,

Appellee.

ORDER AFFIRMED

Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concurs

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


Court of Appeals No. 12CA0963
City and County of Denver District Court No. 02DR470
Honorable William W. Hood, III, Judge

In re the Marriage of

Wayne Anthony Leanza,

Appellant,

and

Stephanie Baldwin Urban,

Appellee.

ORDER REVERSED 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. 12CA1022
City and County of Denver District Court No. 10CV927
Honorable Christina M. Habas, Judge

Astralease Associates, Inc.,

Plaintiff-Appellee,

v.

Richard Gaetano, d/b/a Affordable Towing; and Kimberly Gaetano,

Defendants-Appellants.

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. 12CA1053
Jefferson County District Court No. 12CR147
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Anthony Reynolds,

Defendant-Appellant.

SENTENCE 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. 12CA1077
City and County of Denver District Court No. 10CV3937
Honorable Herbert L. Stern, III, Judge

J.A. Walker Company, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

Denver International Airport, a division of the City and County of Denver,

Defendant-Appellant and Cross-Appellee.

ORDERS AND JUDGMENT AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1106
Logan County District Court No. 10CV119
Honorable Douglas R. Vannoy, Judge

Michael Wayne Bingham,

Plaintiff-Appellant,

v.

Lieutenant Jessica Dorcey, Captain E.T. Hoffman, Assistant Warden Carol Soares, Grievance Officer Anthony Decesaro, Lieutenant Tideman, Sergeant Steerman, and Sergeant Ball,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1226
El Paso County District Court Nos. 06CR1590 & 07CR1975
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Rodriguez, Jr.,

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. 12CA1448
El Paso County District Court No. 12CV159
Honorable William G. Trujillo, Magistrate

Cynthia M. Anderson,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

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. 12CA1451
El Paso County District Court No. 99CR3267
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerry Dale Roadcap,

Defendant-Appellant.

ORDER AFFIRMED

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. 12CA1514
City and County of Denver Juvenile Court No. 11JD1172
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.N., a Child,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Márquez*, J., concur

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


Court of Appeals No. 12CA1651
Jefferson County District Court No. 11CV5265
Honorable Lily W. Oeffler, Judge

Mark Anthony Dugan,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its Executive Director, Barbara J. Brohl,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Terry and Plank*, JJ., concur

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


Court of Appeals No. 12CA1876
Moffat County District Court No. 11JV19
Honorable Michael A. O’Hara, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.S.-C. and O.S.-C., Children,

and Concerning S.C.,

Respondent-Appellee.

JUDGMENT 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. 12CA1943
Fremont County District Court No. 10JV206
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.V., K.V., K.L.V., and R.W., Children,

and Concerning C.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE ROMÁN
Carparelli and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA2231
City and County of Denver Juvenile Court Nos. 10JV1564 & 11JV1254
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.K.M. and A.M.F.M., Children,

and Concerning N.D.M.,

Respondent-Appellant.

JUDGMENT 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. 12CA2411
Industrial Claim Appeals Office of the State of Colorado
DD No. 11981-2012

Mark A. Passarelli,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Colorado Department of Corrections,

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. 12CA2611
Industrial Claim Appeals Office of the State of Colorado
DD No. 12648-2012

Suzette M. Buss,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Qlallison Care Center LLC, d/b/a Allison Care Center LLC,

Respondents.

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. 13CA0017
Industrial Claim Appeals Office of the State of Colorado
DD No. 22209-2012

Sheila K. Pedersen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Southwest Health System, 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. 13CA0083
Industrial Claim Appeals Office of the State of Colorado
DD No. 12749-2012

Shevon L. Brooks,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Accent on Independence, Inc.,

Respondents.

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. 09CA2147

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Charles Houser,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 10CA2106

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tony Marcell Singleton,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0105

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ivan Joseph Sinovcic,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA1851

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.

Petitions for Rehearing DENIED

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


Court of Appeals No. 12CA0133

In re the Support of ADH-M, a Child,

and Concerning JMH,

Petitioner-Appellant,

and

LAM,

Respondent-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0445

Target Corporation, a Minnesota corporation,

Plaintiff-Appellee,

v.

Prestige Maintenance USA, Ltd.,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA1333

John C. Corbridge,

Petitioner-Appellant,

v.

Jefferson County Board of Equalization,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1401

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger L. Clarke,

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 || April 18, 2013

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