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Colorado Court of Appeals Opinions || April 25, 2013

Colorado Court of Appeals -- April 25, 2013
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 09CA1743
City and County of Denver District Court No. 07CR1025
Honorable John W. Madden, IV, Judge
Honorable Michael A. Martinez, Judge
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pedro Osorio-Bahena,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No. 09CA2081
La Plata County District Court No. 00CR76
Honorable Jeffrey R. Wilson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Madden,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals Nos. 10CA0501 & 10CA0527
Jefferson County District Court Nos. 08CR1439 & 08CR2280
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Jacob John Lahr,

Defendant-Appellant and Cross-Appellee.

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

Division I
Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur


Court of Appeals No. 11CA1206
Arapahoe County District Court No. 04CR652
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shannon Nelson,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No. 11CA1520
Mesa County District Court No. 10CR682
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justyn E. Tyme,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur

Court of Appeals No. 12CA0250
Jefferson County District Court No. 10CV35
Honorable Philip J. McNulty, Judge

Tarco, Inc.,

Plaintiff-Appellant,

v.

Conifer Metropolitan District,

Defendant-Appellee.

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

Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur


Court of Appeals No. 12CA0457
Summit County District Court No. 09CV533
Honorable Mark D. Thompson, Judge
Honorable Edward J. Casias, Judge
Honorable W. Terry Ruckriegle, Judge

Jason L. Rodgers and James R. Hazel,

Plaintiffs-Appellants,

v.

Board of County Commissioners of Summit County,

Defendants-Appellees.

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

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

Court of Appeals Nos. 12CA0595 & 12CA1704
Arapahoe County District Court No. 11CV1464
Honorable Elizabeth B. Volz, Judge

Brandon Coats,

Plaintiff-Appellant,

v.

Dish Network, L.L.C.,

Defendant-Appellee.

JUDGMENT AFFIRMED AND ORDER REVERSED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez*, J., concurs
Webb, J., dissents


Court of Appeals No. 12CA0955
City and County of Denver District Court No. 11CV4649
Honorable Norman D. Haglund, Judge

Nathan J. Dunlap,

Plaintiff-Appellant,

v.

Colorado Department of Corrections; and Roger Werholtz, in his official capacity as Interim Executive Director of the Department of Corrections,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE J. JONES
Plank*, J., concurs
Richman, J., concurs in part and dissents in part


Court of Appeals No. 12CA1465
Rio Blanco County District Court No. 06PR24
Honorable James B. Boyd, Judge

In re the Estate of Charles Erroll Hossack, deceased.

Gladys Robinson,

Appellant,

v.

Lori Hossack and Kirk Hossack,

Appellees.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 07CA2578
Douglas County District Court No. 03CR580
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hamlet Arturo Madera,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V
Opinion by JUDGE STERNBERG*
Miller and Fox, JJ., concur

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


Court of Appeals No. 09CA2586
Arapahoe County District Court No. 08CR521

Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Antwan Jenkins,

Defendant-Appellant.

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. 10CA2293
Mesa County District Court No. 04CR53
Honorable Ruthanne N. Polidori, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Cadenas-Martinez,

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. 10CA2477
El Paso County District Court No. 09CR4419
Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David John Heckler,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE FURMAN
Booras and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA0162
City and County of Denver District Court No. 10CR1616
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Olga Rendon-Renteria,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE ROMÁN
Terry and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA0174
Jefferson County District Court No. 10CR8
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald Anthony Herrera,

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 Nos. 11CA0504 & 11CA0505
El Paso County District Court Nos. 08CV6596 & 09CV300 & 09CV555
Honorable David S. Prince, Judge

Soaring Eagles Orchards, Inc.,

Plaintiff-Appellant,

v.

Kirkpatrick Bank, f/k/a Intermountain Bank; and Academy Bank, N.A.,

Defendants-Appellees,

--------------------AND--------------------

Star Ranch, LLC,

Plaintiff-Appellant,

v.

Kirkpatrick Bank, f/k/a Intermountain Bank; Academy Bank, N.A.; and Colorado Capital Bank, n/k/a First Citizens Bank & Trust Company,

Defendants-Appellees.

JUDGMENT AND ORDERS AFFIRMED

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

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


Court of Appeals No. 11CA0956
El Paso County District Court No. 10CR1439
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Earl Crow,

Defendant-Appellant.

JUDGMENT 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. 11CA1032
Mesa County District Court No. 10CR727
Honorable Richard Thomas Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael E. Martinez,

Defendant-Appellant.

JUDGMENT 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. 11CA1378
El Paso County District Court No. 08CR1031
Honorable J. Patrick Kelly, Judge
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darneau Versill Pepper,

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. 11CA1467
Douglas County District Court No. 08CR306
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alonzo Eligah Ridley,

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. 11CA1554
Adams County District Court No. 10CR1032
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcos Antonio Deleon,

Defendant-Appellant.

JUDGMENT 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. 11CA1573
Mesa County District Court No. 00CR115
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Francis Maxsween,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1904
Arapahoe County District Court No. 92CR2019
Honorable Christopher C. Cross, Judge
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Jeffrey McMillian,

Defendant-Appellant.

ORDERS 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. 11CA2056
Adams County District Court No. 09CR2605
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willis Rouse,

Defendant-Appellant.

ORDER 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. 11CA2091
Mesa County District Court No. 10CR1572
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Charles Bonati, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0027
Douglas County District Court No. 03DR327
Honorable Angela R. Arkin, Judge

In re the Marriage of

Grammatiki Eve Tsatsani,

Appellant,

and

Albert J. Givray,

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. 12CA0071
Moffat County District Court No. 94CR45
Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Parris,

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. 12CA0359
Douglas County District Court No. 10CV271
Honorable Vincent R. White, Judge

Roger L. Laton and Marcel E. Laton,

Plaintiffs-Appellees,

v.

Kimberly Laton Davis, a/k/a Kimberly Davis and Kimberly Laton,

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. 12CA0363
City and County of Denver District Court No. 11CR2221
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mandy L. Ermatiner,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0496
Eagle County District Court No. 07CV274
Honorable R. Thomas Moorhead, Judge

Vist North America, Inc.,

Plaintiff-Appellee,

v.

Kevin Calabrese,

Defendant-Appellant.

APPEAL DISMISSED

Division III
Opinion by JUDGE FURMAN
Booras and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0524
City and County of Denver District Court No. 07CR5182
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Oscar Herrera-Villa,

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. 12CA0540
El Paso County District Court No. 11DR3525
Honorable Robert L. Lowrey, Judge

In re the Parental Responsibilities of M.R.-S., and C.R.-S., Children,

Henry Lee Soliz,

Appellee,

and

Velia Rodriquez,

Appellant,

and Concerning El Paso County CSE Unit,

Intervenor.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 12CA0880
Arapahoe County District Court No. 11JA184
Honorable William B. Sylvester, Judge

In the Matter of the Petition of M.D.,

Petitioner-Appellee,

for the Adoption of A.D., a Child,

and Concerning J.M.D.,

Respondent-Appellant.

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. 12CA1362
El Paso County District Court Nos. 97CR310, 97CR608 & 97CR609
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Damion Mosely,

Defendant-Appellant.

ORDERS 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. 12CA1516
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-756-007-03

Noreen Enterprises, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Jason Gardner,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1522
Arapahoe County District Court No. 09DR2264
Honorable Robert H. Russell, II, Judge

In re the Marriage of

Julie St. Pierre-Nguyen, n/k/a Julie St. Pierre,

Appellee,

v.

Andrew Nguyen,

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. 12CA1754
Industrial Claim Appeals Office of the State of Colorado
WC No. 9-372-012

Elk Run Ranch, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Theodore C. Storm,

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2174
Industrial Claim Appeals Office of the State of Colorado
DD No. 15947-2012

Yolkridge, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Sandra M. Muthig,

Respondents.

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. 12CA2265
El Paso County District Court No. 11JV330
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M. and C.M., Children,

and Concerning C.C.,

Respondent-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. 12CA2468
Teller County District Court No. 10JV24
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.A., Child,

and Concerning J.S. and A.A.,

Respondents-Appellants.

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. 12CA2526
Mesa County District Court No. 12JV76
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.M., a Child,

and Concerning A.M.,

Respondent-Appellant.

ORDER VACATED 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. 13CA0015
Industrial Claim Appeals Office of the State of Colorado
DD No. 21497-2012

Mark A. Padilla,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Development Disabilities Center,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No. 13CA0028
Industrial Claim Appeals Office of the State of Colorado
DD No. 21318-2012

Brian D. Fischer,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division I
Opinion by JUDGE HAWTHORNETaubman and Graham, JJ., concur

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


Court of Appeals No. 13CA0126
Industrial Claim Appeals Office of the State of Colorado
DD No. 18670-2012

Patrick J. Butkovich,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Global CallCenter Solutions, Inc.,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA1984

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leon Barry Molinar,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1480

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Omer Kelil Hassen,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 11CA1034

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willard Clayton Smith,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1319

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Nathan Turner,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0368

The People of the State of Colorado,

Appellee,

v.

Parag Madhusudan Sheth,

Petitioner-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA2222

Diana L. Frank,

Petitioner,

v.

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

Respondents.

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 25, 2013

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