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Colorado Court of Appeals Opinions || May 2, 2013

Colorado Court of Appeals -- May 2, 2013
Announcement Sheet

 

 

 

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0023
El Paso County District Court No. 07CR2989
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Earl Frederick Mayes,

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. 09CA2654
Boulder County District Court No. 09CR386
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Carols Abeyta,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals No. 10CA0738
Delta County District Court No. 08CR15
Honorable Charles R. Greenacre, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jamey Page,

Defendant-Appellant.

JUDGMENT 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 No. 10CA0994
Adams County District Court No. 09CR1974
Honorable C. Vincent Phelps, Judge
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jessica Renee Muniz,

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. 10CA1148
Weld County District Court No. 08CR1698
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Morfin-Torres,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA1794
El Paso County District Court No. 09CR1849
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kyle Sebastian Stott,

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. 11CA0405
Pueblo County District Court No. 10CR439
Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dwight Roebuck,

Defendant-Appellant.

JUDGMENTS AND SENTENCES 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. 11CA0615
Gilpin County District Court No. 08CV75
Honorable Jack W. Berryhill, Judge

Brannan Sand and Gravel Company, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

County of Gilpin, a Colorado county, acting by and through its Board of County Commissioners; and Jeanne Nicholson, Ron Slinger, and Forrest Whitman, as individuals and in their official capacities as members of the Board of County Commissioners,

Defendants-Appellees,

and

City of Black Hawk and Shack West, LLC,

Intervenors-Appellees.

ORDERS VACATED IN PART, REVERSED 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. 11CA0868
Summit County District Court No. 08CR246
Honorable David R. Lass, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John William Wiemann,

Defendant-Appellant.

ORDER REVERSED, JUDGMENT VACATED 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. 11CA1074
Morgan County District Court No. 10CR156
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Patrick Benitez,

Defendant-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. 11CA1098
Mesa County District Court No. 00CR893
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kelly Lee Clemons,

Defendant-Appellant.

ORDERS AFFIRMED

Division VI
Opinion by JUDGE ROTHENBERG*
Román and Terry, JJ., concur

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


 

Court of Appeals No. 11CA1143
Park County District Court No. 01CR25
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaac Robin-McCain Grimes,

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. 11CA1159
Elbert County District Court No. 10CR39
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce Willis Rickey,

Defendant-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. 11CA1863
Jefferson County District Court No. 06CR4016
Honorable Christopher J. Munch, Judge
Honorable Thomas E. Vance, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Michael Jakub,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE TERRY
Casebolt and Navarro, JJ., concur

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


 

Court of Appeals No. 11CA2229
Douglas County District Court No. 09CR488
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Deandre Devon Pruitt,

Defendant-Appellant.

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. 11CA2374
El Paso County District Court No. 09CR2872
Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Delvikio Demarcus Faulkner,

Defendant-Appellant.

ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur

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


 

Court of Appeals No. 11CA2462
Mesa County District Court No. 10CV4363
Honorable David R. Lass, Judge

Michael Gustad,

Plaintiff-Appellee,

v.

Ronald Church and Violet Church,

Defendants-Appellants.

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. 11CA2532
Garfield County District Court No. 85JV89
Honorable Jonathan B. Pototsky, Judge

In re the Support of J.A.R., a Child,

and Concerning Billie Jo Jewell,

Petitioner,

Garfield County Department of Human Services,

Petitioner-Appellee,

and

Robert Roletto,

Respondent-Appellant.

JUDGMENT VACATED 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. 12CA0182
Fremont County District Court No. 11CV161
Honorable Stephen A. Groome, Judge

Brian Hammonds,

Plaintiff-Appellant,

v.

Roger Werholtz, Interim Executive Director of the Colorado Department of Corrections,

Defendant-Appellee.

ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur

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


 

Court of Appeals No. 12CA0291
La Plata County District Court No. 94DR411
Honorable David L. Dickinson, Judge

In re the Marriage of

Neil Johnson,

Appellant,

and

Conni B. Johnson, n/k/a Conni Baines,

Appellee.

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

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

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


 

Court of Appeals No. 12CA0389
Weld County District Court No. 11CR895
Honorable Steven E. Shinn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roth Patrick Louis,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals Nos. 12CA0402
City and County of Denver District Court No. 08CV6957 & 08CV8699
Honorable R. Michael Mullins, Judge

Elizabeth Foster; Carolynn DeJaynes; Kenneth R. Shinn; Manuel I. Villareal; Joe Vance; Christopher St. Peters; Tiffany St. Peters; Gladys Holt, individually, and as mother and next friend of Alexandria Holt and Kyle Holt; Dalila Holt; Eric Thomas; Richard Aguirre; and Ortencia Aguirre,

Plaintiffs-Appellants,

v.

KTA-Tator, Inc.; Structural Integrity Associates, Inc.; and Graco, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


 

Court of Appeals No. 12CA0444
Fremont County District Court No. 11JA12
Honorable Julie G. Marshall, Judge

In the Matter of the Petition of K.M.J.,

Petitioner-Appellee,

for the adoption of N.L.J., a child,

and concerning J.G.J.,

Respondent-Appellant.

JUDGMENT 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. 12CA0519
Arapahoe County District Court No. 99CR658
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Dornel Hinton,

Defendant-Appellant.

ORDER AFFIRMED

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

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


 

Court of Appeals No. 12CA0653
Park County District Court No. 10CV65
Honorable Stephen A. Groome, Judge

Elk Falls Property Owners Association, a Colorado nonprofit organization,

Plaintiff-Appellee and Cross-Appellant,

and

The Paul J. Vastola and Suzanne G. Nelson Living Trust; UAD August 10, 2001; Robert W. Phelps; and Kevin O’Connell,

Plaintiffs-Appellees,

v.

Vera B. Dunwody and Drayton D. Dunwody,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE J. JONES
Richman and Nieto*, JJ., concur

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


 

Court of Appeals No. 12CA0741
City and County of Denver District Court No. 93DR1224
Honorable William W. Hood, III, Judge

In re the Marriage of

Carole D. Longbella, f/k/a Carole D. Pemberton,

Appellee,

and

Donald R. Pemberton,

Appellant.

JUDGMENT REVERSED

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. 12CA0774
El Paso County District Court No. 11CV2422
Honorable Ronald G. Crowder, Judge

Duane Sanders and Shirley Sanders,

Plaintiffs-Appellees,

v.

Dennis Marlow and D Trend Gold Family Limited Partnership,

Defendants-Appellants.

JUDGMENT 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. 12CA2590
Industrial Claim Appeals Office of the State of Colorado
DD No. 9998-2012

Kelle A. Dagucon,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and High Desert Gold Corporation,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Ney*, J., concur

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


 

Court of Appeals No. 12CA2615
Industrial Claim Appeals Office of the State of Colorado
DD No. 21556-2012

James W. Williamson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Manny’s of Denver, LLC,

Respondents.

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. 12CA2639
Industrial Claim Appeals Office of the State of Colorado
DD Nos. 30216-2011 & 30218-2011

Redneck Enterprises,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance,

Respondents.

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. 13CA0198
Industrial Claim Appeals Office of the State of Colorado
DD No. 24352-2012

Linda J. Iverson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Park Row Lodge Inc., d/b/a Super 8 Motel Manitou Springs,

Respondents.

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. 13CA0219
Industrial Claim Appeals Office of the State of Colorado
DD No. 27915-2012

Gregory J. Sparks,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Vista TD, LLC,

Respondents.

ORDER AFFIRMED

Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Sternberg*, J., concur

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


 

PETITIONS FOR REHEARING

Court of Appeals No. 10CA0468

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Sands,

Defendant-Appellant.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 10CA1631

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Camden Fortney,

Defendant-Appellant.

Petition for Rehearing DENIED

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


 

Court of Appeals No. 11CA0363

Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh,

Plaintiff-Appellant,

v.

Westin Operator, LLC,

Defendant-Appellee.

Petition for Rehearing DENIED

Furman, J., would GRANT


 

Court of Appeals No. 11CA1172

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rudolph A. Jackson,

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 || May 2, 2013

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