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Colorado Court of Appeals Opinions || May 16, 2013

Colorado Court of Appeals -- May 16, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

 

Court of Appeals No. 08CA1834
City and County of Denver District Court No. 06CR7406
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory Mark Owens,

Defendant-Appellant.

JUDGEMENT AFFIRMED

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

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


Court of Appeals Nos. 09CA0537 & 09CA0542
City and County of Denver District Court No. 07CR6412
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Manuel Martinez,

Defendant-Appellant and Cross-Appellee.

JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE DAILEY
Gabriel, J., concurs
Bernard, J., specially concurs

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


Court of Appeals No. 09CA2386
Jefferson County District Court No. 08CR2978
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lynne Ann White,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA0900
Adams County District Court No. 03CR63
Honorable John T. Bryan, Judge
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pedro Brian Calzada,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA1731
City and County of Denver District Court No. 09CR5267
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stetson Bustos,

Defendant-Appellant.

JUDGMENT 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. 10CA2537
Adams County District Court No. 09CR2309
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Andrew Curtis,

Defendant-Appellant.

JUDGMENT 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. 10CA2569
Arapahoe County District Court No. 01CR1748
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua David Swan,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0177
La Plata County District Court No. 08CR247
Honorable Jeffrey R. Wilson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keven John Benioh,

Defendant-Appellant.

APPEAL DISMISSED

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. 11CA0555
Jefferson County District Court No. 10CR1227
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tinisha Jacquelyn Lontine,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Dunn, JJ., concur

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


Court of Appeals No. 11CA1075
Sedgwick County District Court No. 10CR5
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyson Curt Pfau,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1626
Arapahoe County District Court No. 09DR1408
Honorable Kathleen Janski, Magistrate

In re the Marriage of

Selamawit T. Shiferaw,

Appellee,

and

Muluken Bekele,

Appellant.

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

Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA1687
Weld County District Court No. 08CR1932
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincente Mendez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1840
Arapahoe County District Court No. 10CR2752
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hector Alfonso Rodriguez,

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 No. 11CA2051
Pitkin County District Court No. 11CV96
Honorable Kenneth M. Plotz, Judge

Jan B. Hamilton,

Plaintiff-Appellant,

v.

Blake and Alana Appleby

Defendants-Appellees.

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

Court of Appeals No. 11CA2052
Pitkin County District Court No. 11CV97
Honorable Kenneth M. Plotz, Judge

Jan B. Hamilton,

Plaintiff-Appellant,

v.

Derek and Jennifer Brown,

Defendants-Appellees.

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

Court of Appeals No. 11CA2053
Pitkin County District Court No. 11CV87
Honorable Kenneth M. Plotz, Judge

Jan B. Hamilton,

Plaintiff-Appellant,

v.

Steve Woodrow

Defendant-Appellee.

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

Court of Appeals No. 11CA2054
Pitkin County District Court No. 11CV113
Honorable Kenneth M. Plotz, Judge

Jan B. Hamilton,

Plaintiff-Appellant,

v.

John Galambos and Robin Galambos,

Defendants-Appellees.

JUDGMENTS 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. 11CA2409
Weld County District Court No. 02CR1342
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy Michael Garcia,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2414
City and County of Denver District Court No. 09CR2047
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Games-Perez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2502
Arapahoe County District Court No. 10DR3290
Honorable Robert H. Russell, II, Judge

In re the Marriage of

Javier Jimenez,

Appellee,

and

Ruby Davila,

Appellant.

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

Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Márquez*, JJ., concur

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


Court of Appeals No. 11CA2515
Adams County District Court No. 11CR658
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Lee Coulter,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Márquez*, JJ., concur

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


Court of Appeals No. 12CA0573
=
El Paso County District Court No. 11CV1140
Honorable Barbara L. Hughes, Judge

Daniel C. Zook and David H. Zook,

Plaintiffs-Appellants,

v.

El Paso County Retirement Plan; El Paso County Retirement Board; Robert Balink, member of the El Paso County Retirement Board; Nicola Sapp, member of the El Paso County Retirement Board; Joseph Breister, member of the El Paso County Retirement Board; Julie Johnson, member of the El Paso County Retirement Board; Brian Larson, member of the El Paso County Retirement Board; and Howard Miller, in his capacity as Plan Administrator of the El Paso County Retirement Plan,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0947
City and County of Denver District Court No. 10CV9739
Honorable Herbert L. Stern, III, Judge

Effie Sonmez, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.; Suzan Sonmez, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.; and Sonmez, LLC, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.,

Plaintiffs-Appellees,

v.

Joanne P. Underhill,

Defendant,

and

Isaacson Rosenbaum, P.C.,

Intervenor-Appellant.

JUDGMENT 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. 12CA1195
City and County of Denver District Court No. 11CV7199
Honorable Michael J. Vallejos, Judge

Max Ireland and Estate of the Late Thelma Ireland,

Plaintiffs-Appellants,

v.

Colorado Department of Health Care Policy and Financing,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1390
City and County of Denver District Court No. 11CV6109
Honorable A. Bruce Jones, Judge

Matthew Blake Lockwood,

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 VII
Opinion by JUDGE LOEB
Terry and Navarro, JJ., concur

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


Court of Appeals No. 12CA2116
Mesa County District Court No. 10JV305
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.S., a Child,

and Concerning T.C.,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Márquez*, J., concur

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


Court of Appeals No. 12CA2483
Lincoln County District Court No. 11JV12
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.L.P.S., a Child,

and Concerning S.L. and C.S.,

Respondents-Appellants.

JUDGMENTS AFFIRMED

Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Plank*, J., concur

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


PEITITIONS FOR REHEARING

Court of Appeals No. 07CA2578

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hamlet Arturo Madera,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0589

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reana Corinne Renaud,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2670

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald Arthur Gilbert,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1077

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.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1451

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerry Dale Roadcap,

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 16, 2013

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