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Colorado Court of Appeals Opinions || June 20, 2013

Colorado Court of Appeals -- June 20, 2013
Announcement Sheet

PUBLISHED OPINIONS


Court of Appeals No. 09CA0434

Arapahoe County District Court No. 07CR3365

Honorable Thomas C. Levi, Judge

Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Craig Lamonte Poindexter,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART,

REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Richman, J., concurs

J. Jones, J., specially concurs


Court of Appeals No. 10CA0734

Douglas County District Court No. 08CR828

Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Glenn McMinn, 

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE GABRIEL 

Dailey and Bernard, JJ., concur


Court of Appeals No. 10CA2296

Adams County District Court No. 09CR3049

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Lloyd Halbert,

Defendant-Appellant.

JUDGMENT AND SENTENCE VACATED

Division III

Opinion by JUDGE BERNARD

Dailey and Gabriel, JJ., concur


Court of Appeals No. 10CA2436

Douglas County District Court No. 07CR675

Honorable Paul A. King, Judge

The People of the State of Colorado, 

Plaintiff-Appellee, 

v. 

Carl Daniel Ruch,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Graham and Hawthorne, JJ., concur


Court of Appeals No. 12CA1074

Elbert County District Court No. 11CV36

Honorable Jeffrey K. Holmes, Judge

Daniel Mikes,

Plaintiff-Appellant,

v.

Lyndon D. Burnett, a/k/a Donald Burnett; Joe Craven; and J & V Diller 

Ranch, LLC, a Colorado limited liability company,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE DUNN

Casebolt and Lichtenstein, JJ., concur


Court of Appeals No. 12CA1218

Logan County District Court No. 00CR141

Honorable Michael Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Lehmkuhl,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE GABRIEL 

Bernard, J., concurs

Dailey, J., specially concurs


Court of Appeals No. 12CA1234

Arapahoe County District Court No. 12JV366

Honorable Timothy L. Fasing, Judge

In re the Support of E.K., J.K., and P.K., Children,

and Concerning the People of the State of Colorado,

Petitioner-Appellee,

and

P.W.K.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE GABRIEL 

Dailey and Bernard, JJ., concur


Court of Appeals No. 12CA1575

City and County of Denver District Court No. 12CV1548

Honorable R. Michael Mullins, Judge

Michele Fry,

Plaintiff-Appellant,

v.

Kurtis Lee and The Denver Post, LLC, a Delaware limited liability company 

doing business in Colorado,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE LOEB

Terry and Ney*, JJ., concur


Court of Appeals No. 12CA1786

Delta County District Court No. 11PR53

Honorable Charles R. Greenacre, Judge

In re the Estate of David Wheeler, deceased.

Mary Beth Wheeler, Personal Representative of the Estate of Daniel Wheeler,

Appellant,

v.

Tower Building, LLC and Lorraine E. Ring,

Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE FOX

Taubman and Román, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0686

Adams County District Court No. 08CR2915

Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Josue Espinoza,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

J. Jones and Booras, JJ., concur

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


Court of Appeals No. 10CA0737

El Paso County District Court No. 09CR301

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Angel Enrique Diaz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE BERNARD

Dailey, J., concurs

Gabriel, J., specially concurs

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


Court of Appeals No. 10CA1732

City and County of Denver District Court Nos. 07CR7255, 08CR4768 & 

09CR1165

Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stetson Bustos,

Defendant-Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE RICHMAN

Webb and Rothenberg*, JJ., concur

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


Court of Appeals No. 10CA2336

El Paso County District Court No. 05CR3440

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ross Daniel Cowan,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE J. JONES

Carparelli and Booras, JJ., concur

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


Court of Appeals No. 11CA0885

El Paso County District Court No. 05CR807

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrin Dewayne Harvey,

Defendant-Appellant.

ORDER 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. 11CA1246

El Paso County District Court No. 98CR1817

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adam Joseph Drake,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE J. JONES

Carparelli and Booras, JJ., concur

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


Court of Appeals No. 11CA1281

City and County of Denver District Court No. 10CR2794

Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Emanuel Vernell Pittman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE RICHMAN

Webb and Rothenberg*, JJ., concur

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


Court of Appeals No. 11CA1693

City and County of Denver District Court No. 10CR22

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Celestino Quintana,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE MÁRQUEZ*

Furman and Miller, JJ., concur

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


Court of Appeals No. 11CA1991

Arapahoe County District Court No. 10CR319

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Semal,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE DUNN

Casebolt and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA2055

City and County of Denver District Court No. 87CR731

Honorable Shiela A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruben Joe Muniz,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

J. Jones and Booras, JJ., concur

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


Court of Appeals No. 11CA2621

Jefferson County District Court No. 10CR3147

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keith Allen Johnson,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE MILLER

Furman and Márquez*, JJ., concur

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


Court of Appeals No. 12CA0102

Jefferson County District Court Nos. 10CR3207, 10CR3449, 11CR297 & 

11CR616

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrea Virginia Puente,

Defendant-Appellant.

SENTENCE AFFIRMED

Division IV

Opinion by JUDGE RICHMAN

Webb and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA0155

Boulder County District Court No. 10DR808

Honorable Andrew R. Macdonald, Judge

In re the Marriage of

Paul Woznick, 

Appellee,

and

Christina L. Woznick,

Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE RICHMAN

Webb and Rothenberg*, JJ., concur

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


Court of Appeals Nos. 12CA0189 & 12CA0190 

El Paso County District Court Nos. 08CR2097 & 08CR2229 

Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Dwayne McSorely,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB 

Richman and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA0530

El Paso County District Court No. 11CR1733

Honorable Jann P. DuBois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce Arthur Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE J. JONES

Carparelli and Booras, JJ., concur

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


Court of Appeals No. 12CA0533

El Paso County District Court No. 03DR2666

Honorable Barney Iuppa, Judge

In re the Marriage of 

Debra J. Hoskinson, n/k/a Sharp,

Appellee,

and

Ronald W. Hoskinson,

Appellant.

APPEAL DISMISSED IN PART 

AND ORDERS AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Furman and Miller, JJ., concur

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


Court of Appeals No. 12CA0706

City and County of Denver District Court No. 05CR2654

Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bobby Collins,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE MILLER

Furman and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1201

El Paso County District Court No. 11CV357

Honorable Deborah J. Grohs, Judge

Christopher Haines,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections and the Colorado 

Parole Board,

Defendants-Appellees.

ORDER AFFIRMED

Division V 

Opinion by JUDGE FURMAN

Miller and Márquez*, JJ., concur

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


Court of Appeals No. 12CA1260

El Paso County District Court No. 10DR158

Honorable Barbara L. Hughes, Judge

In re the Parental Responsibilities of S.M.K., a Child,

and Concerning Snow Dove Staples, n/k/a Snow Mekelberg,

Appellee,

and 

Shane Kelley,

Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE MILLER

Graham and Furman, JJ., concur

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


Court of Appeals No. 12CA1517

Douglas County District Court No. 10CV801

Honorable Paul A. King, Judge

Kochevar Enterprises, Inc. and Jean Kochevar,

Plaintiffs-Appellants,

v.

Chris Haiskey and Cris Haiskey,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED 

IN PART, AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE MILLER

Furman and Márquez*, JJ., concur

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


Court of Appeals No. 12CA1673

Larimer County District Court No. 12CV598

Honorable Dave Williams, Judge

Fort Collins Radiologic Associates, P.C., d/b/a Advanced Medical Imaging

Consultants, P.C.,

Plaintiff-Appellee,

v.

Mark Howshar, M.D.,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED 

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE LICHTENSTEIN

Casebolt and Dunn, JJ., concur

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


Court of Appeals No. 12CA1834 

Adams County District Court No. 12JD6 

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of A.G., 

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Richman and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA1871

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-668-613

Fred Trujillo,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and State of Colorado,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Bernard and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1918

Industrial Claim Appeals Office of the State of Colorado 

WC No. 4-862-022

Albert M. Munoz, 

Petitioner, 

v. 

Industrial Claim Appeals Office of the State of Colorado; Art Klein 

Construction; and Pinnacol Assurance, 

Respondents.

ORDER 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. 12CA2233

Rio Grande County District Court No. 11JV61

Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.F.D., a Child,

and Concerning K.M., 

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by CHIEF JUDGE DAVIDSON

Roy* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA2475

Arapahoe County District Court No. 11JV962

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.A., a Child,

and Concerning A.M.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE CARPARELLI

J. Jones and Booras, JJ., concur

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


Court of Appeals No. 12CA2490

El Paso County District Court No. 11JV1314

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.W., Child,

and Concerning M.W., 

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FURMAN

Dailey and Booras, JJ., concur

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


Court of Appeals No. 12CA2569

Industrial Claim Appeals Office of the State of Colorado 

DD No. 20041-2012

Martin D. Robles,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mental Health 

Center of Denver,

Respondents.

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. 13CA0195

Gilpin County District Court No. 11JV23

Honorable Ann G. Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M. and L.P.S., Children,

and Concerning L.P.H. and J.J.S., 

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE NIETO*

Davidson, C.J., and Roy*, J., concur

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


Court of Appeals No. 13CA0314

City and County of Denver Juvenile Court No. 11JV1544

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.P.B., a Child,

and Concerning S.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE FURMAN

Miller and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0345

Industrial Claim Appeals Office of the State of Colorado

DD No. 27669-2012

Kenneth James Crombie,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of 

Unemployment Insurance Benefit Payment Control,

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. 13CA0377

El Paso County District Court No. 12JV48

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.C. and W.G., 

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE VOGT*

Furman and Miller, JJ., concur

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


Court of Appeals No. 13CA0408

Industrial Claim Appeals Office of the State of Colorado 

DD No. 20662-2012

Deborah A. Korzen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and FIS Management 

Serives, LLC,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE DUNN

Casebolt and Lichtenstein, JJ., concur

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


PETITIONS FOR HEARING

Court of Appeals No. 12CA0400

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Robert Cortez,

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 || June 20, 2013

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