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Colorado Court of Appeals Opinions || May 9, 2013

Colorado Court of Appeals -- May 9, 2013
Announcement Sheet

 

 

PUBLISHED OPINIONS

Court of Appeals No. 10CA0587
City and County of Broomfield District Court No. 09CR169
Honorable John E. Popovich, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eduardo Dejesus Perez,

Defendant-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Miller and Navarro, JJ., concur


Court of Appeals No. 11CA0676
Alamosa County District Court No. 09CR105
Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Edward Sterns,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

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


Court of Appeals No. 11CA1085
Larimer County District Court No. 10CR675
Honorable Julie Kunce Field, Judge
Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arturo Luna, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No. 11CA1786
El Paso County District Court No. 11CR685
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Marcus Doyle,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur


Court of Appeals No. 11CA1939
Mesa County District Court No. 10CR1285
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vanessa Ann Zubiate,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur


Court of Appeals No. 11CA1940
Douglas County District Court No. 11CV1445
Honorable Richard B. Caschette, Judge

Robert Cox,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE ROY*
Taubman and Graham, JJ., concur


Court of Appeals No. 12CA0797
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-625-053

Ricardo Meza,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division VII
Opinion by JUDGE RICHMAN
J. Jones and Nieto*, JJ., concur


Court of Appeals No. 12CA1618
Weld County District Court No. 10CV1107
Honorable J. Robert Lowenbach, Judge

Town of Milliken,

Plaintiff-Appellant,

v.

Kerr-McGee Oil & Gas Onshore LP, a Delaware corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur


Court of Appeals No. 12CA2196
City and County of Denver Juvenile Court No. 11JV1711
Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.E.R., a Child,

and Concerning T.P.C.-J. and T.M.R.,

Respondents-Appellants.

ORDER AND JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Lichtenstein and Fox, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0021
City and County of Denver District Court No. 06CR4898
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luther C. Hill,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA0302
City and County of Denver District Court Nos. 03CR286 & 03CR287
Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Frederick Barker,

Defendant-Appellant.

ORDER 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. 11CA0382
Jefferson County District Court No. 09CR3036
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keith Allen Green,

Defendant-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. 11CA1590
Larimer County District Court No. 08CR1600
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Jonathon Mark Ehredt,

Defendant-Appellant.

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. 11CA1749
Mesa County District Court No. 10CR1194
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Desiree L. Prescott,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur

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


Court of Appeals No. 11CA2423
City and County of Denver District Court No. 01CR4230
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrence T. Hodges,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 11CA2436
Adams County District Court No. 10CV526
Honorable C. Scott Crabtree, Judge

Robert B. Lloyd and Alice L. Lloyd,

Plaintiffs-Appellants,

v.

Alan B. Rosenberger, M.D.,

Defendant-Appellee.

JUDGMENT 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. 12CA0235
City and County of Denver District Court No. 11CV3802
Honorable R. Michael Mullins, Judge

Gene Lee Yambor,

Plaintiff-Appellant,

v.

Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado,

Defendant-Appellee.

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. 12CA0349
City and County of Denver District Court No. 04CR4113
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David C. Montoya,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Davidson, C.J., Sternberg*, and Vogt*, JJ.
PER CURIAM

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


Court of Appeals No. 12CA0569
Boulder County District Court No. 09CV1038
Honorable James C. Klein, Judge
Honorable Ingrid S. Bakke, Judge

Hunter Industries, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Matthews Custom Homes, Inc., a Colorado corporation; Rick Matthews; Lisa Matthews,

Defendants,

and Fred Matthews,

Defendant-Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 12CA0655
El Paso County District Court No. 03CR4983
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hugo Albert Duenas-Garcia,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Davidson, C.J., Sternberg*, and Vogt*, JJ.
PER CURIAM

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


Court of Appeals No. 12CA1075
City and County of Denver District Court No. 11CV6321
Honorable Herbert L. Stern, III, Judge

Ronald Woods,

Plaintiff-Appellee,

v.

City and County of Denver, Colorado,

Defendant-Appellant.

ORDER 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. 12CA1250
Jefferson County District Court Nos. 88CV482, 04CV126 & 04CV375
Honorable Tamara S. Russell, Judge

Plains Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Plaintiff-Appellant,

v.

Ken-Caryl Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Defendant-Appellee,

and

Jan Rousselot, Patricia Lynch, and Ruth Sundberg,

Intervenors-Appellees.

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. 12CA1271
Montezuma County District Court No. 96DR124
Honorable Todd Jay Plewe, Judge

In re the Marriage of

Sally D. Swisse,

Appellant,

and

Timothy B. Swisse,

Appellee.

ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1327
Jefferson County District Court No. 11DR3387
Honorable Christie B. Phillips, Judge

In re the Marriage of

Leif H. Nielsen,

Appellee,

and

Rebecca P. Nielsen,

Appellant.

ORDERS AFFIRMED

Division III
Opinion by JUDGE BERNARD
Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1429
Douglas County District Court No. 11CV1429
Honorable Paul A. King, Judge

Robert E. Anderson,

Plaintiff-Appellant,

v.

Town of Castle Rock, Colorado,

Defendant-Appellee.

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. 12CA1806
El Paso County District Court No. 08CR3189
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Melvin Everett Tipton,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur

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


Court of Appeals No. 12CA2083
Teller County District Court No. 00CR108
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Wayne Moses,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Casebolt, Lichtenstein, and Dunn, JJ.
PER CURIAM

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


Court of Appeals No. 12CA2104
Industrial Claim Appeals Office of the State of Colorado

WC No. 4-117-942-10

Dorene K. Miller,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Davis, Graham & Stubbs, LLP; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur


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


Court of Appeals No. 12CA2115
Logan County District Court No. 11JV17
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.C., S.M., and T.M., Children,

and Concerning M.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE WEBB
Hawthorne and Richman, JJ., concur

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


Court of Appeals No. 12CA2141
Mesa County District Court No. 09CR1091
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael J. Simpson,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Casebolt, Lichtenstein, and Dunn, JJ.
PER CURIAM

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


Court of Appeals No. 12CA2292
El Paso County District Court No. 01CR297
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Paul Guertin,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE ROMÁN
Taubman and Fox, JJ., concur

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


Court of Appeals No. 12CA2356
El Paso County District Court No. 11JV64
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.P., a Child,

and Concerning S.P. and C.P.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE LOEB
Navarro and Ney*, JJ., concur

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


Court of Appeals No. 12CA2413
Weld County District Court No. 10JV783
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.O., Child,

and Concerning B.O.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE NEY*
Loeb and Navarro, JJ., concur

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


Court of Appeals No. 12CA2545
Industrial Claim Appeals Office of the State of Colorado
DD No. 18277-2012

4 Seasons Management Group LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Betty A. Gallegos,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE RICHMAN
Webb and Hawthorne, JJ., concur

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


Court of Appeals No. 12CA2558
Mesa County District Court No. 11JV239
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.A.D., Child,

and Concerning D.L.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
Loeb and Ney*, JJ., concur

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


Court of Appeals No. 13CA0129
Industrial Claim Appeals Office of the State of Colorado
DD No. 24650-2012

Rodolfo J. Rivera, Jr.,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Booras and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0264
Industrial Claim Appeals Office of the State of Colorado
DD No. 25330-2012

Juanita R. Camacho,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Denver Post Production Facilities L,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0321
Industrial Claim Appeals Office of the State of Colorado
DD No. 12858-2012

Jordan O. Worsley,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE NIETO*
Carparelli and Booras, JJ., concur

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


Court of Appeals No. 13CA0447
Pueblo County District Court No. 12MH272
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Makani Kenny-Hall,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA1094

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William K. Shipp, III,

Defendant-Appellant.

Petitions for Rehearing DENIED

Terry, J., would GRANT petition of Plaintiff-Appellee

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


Court of Appeals No. 10CA0962

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip James Pollard,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 10CA2414

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Atorrus Leon Rainer,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0173

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael E. Redd,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA0553

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent J. Iversen,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0814

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Michael Kaywood,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1866

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Franklin Ampousah Addo,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals Nos. 11CA1955 & 12CA0538

Akeem A. Makeen,

Plaintiff-Appellant,

v.

Woodstream Falls Condominium Association,

Defendant-Appellee

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2447

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.

Petitions for Rehearing DENIED

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


Court of Appeals No. 12CA0242

Michael R. O’Connor,

Plaintiff-Appellant,

v.

Colorado Department of Corrections, Executive Director of the Colorado Department of Corrections; Mary Carlson, Time/Release Operations; and John Suthers, Attorney General,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0257

Patrick Youngs,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; White Moving and Storage, Inc.; and Pinnacol Assurance,

Respondents.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0512

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Stein,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0671

Elly Just,

Plaintiff-Appellee,

v.

David P. Lorentzen,

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 9, 2013

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