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Colorado Court of Appeals Opinions || June 27, 2013

Colorado Court of Appeals -- June 27, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 07CA1338
Garfield County District Court No. 05CR141
Honorable Daniel B. Petre, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lester Charles Hays, III,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 07CA1339
Garfield County District Court No. 05CR176
Honorable Daniel B. Petre, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lester Charles Hays, III,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 09CA2249
Jefferson County District Court No. 08CR2963
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Scott Neiberger,

Defendant-Appellant.

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. 09CA2778
Jefferson County District Court No. 09CR672
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sharon Lee Parker,

Defendant-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. 10CA0421
Arapahoe County District Court No. 07CR3523
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Chonita Chyree Taylor,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA0427
El Paso County District Court No. 08CR4450
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio Jose Vargas, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA0815
Jefferson County District Court No. 09CR1413
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher James McGough,

Defendant-Appellant.

ORDER 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. 10CA1584
Arapahoe County District Court No. 09CR1352
Honorable Marilyn Leonard Antrim, Judge
Honorable Ethan Feldman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lindsay Thomas Harding,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1838
Adams County District Court No. 09CR2077
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Norman Demane Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0268
Mesa County District Court No. 10CR301
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger T. Pitcher,

Defendant-Appellant.

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. 11CA0704
City and County of Denver District Court No. 09CR10499
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Deshawn Marquice Harrison,

Defendant-Appellant.

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. 11CA1056
Jefferson County District Court Nos. 04CR511 & 04CR2410
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane Douglas Burden,

Defendant-Appellant.

ORDER 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. 11CA1706
Arapahoe County District Court No. 97CR3923
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jermaine Terrance Calderon,

Defendant-Appellant.

ORDER 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. 11CA2088
|
Adams County District Court No. 10CR305
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Caleb Jeremiah Johns,

Defendant-Appellant.

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

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

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


Court of Appeals No. 11CA2163
El Paso County District Court No. 10CR2400
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathaniel Hampton,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2516
Adams County District Court No. 10CR2122
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ebony Shauntae Watson,

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. 12CA0260
Larimer County District Court No. 10CV602
Honorable Daniel J. Kaup, Judge

Terri Fassi, individually; and Fassi Financial Network, LLC,

Plaintiffs-Appellants,

and

Michael Fassi, individually,

Third-Party Defendant-Appellant,

v.

Marshall Boyd and Company, LLC; Ron Marshall, individually; and Darryl S. Boyd, individually,

Defendants and Third-Party Plaintiffs-Appellees,

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

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

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


Court of Appeals No. 12CA0274
Jefferson County District Court No. 10CR2259
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Ramon Martinez,

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. 12CA0932
El Paso County District Court No. 93CR3713
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Williams,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli and J. Jones, JJ., concur

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


Court of Appeals No. 12CA1128
Jefferson County District Court No. 10DR3730
Honorable Jack W. Berryhill, Judge

In re the Marriage of

Ihor Figlus,

Appellant,

and

Natalie Jaresko,

Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1430
El Paso County District Court No. 11CV3733
Honorable Ronald G. Crowder, Judge

Krystal Kyle,

Plaintiff-Appellant,

v.

William Tippet and Shannon M. Steward

Defendants-Appellees.

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. 12CA1509
Pueblo County District Court No. 10CV1049
Honorable Larry C. Schwartz, Judge

Maranda G. Mauro, a minor, by and through her father and next friend, Walter J. Mauro, Jr.; and Walter J. Mauro, Jr., individually,

Plaintiffs-Appellees,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation,

Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2092
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-858-018

Barbara Johnson,

Petitioner,

v.

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

Respondents.

ORDER 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. 12CA2152
Industrial Claim Appeals Office of the State of Colorado
DD No. 14960-2012

Lucy C. Watson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Total Healthcare Staffing, Inc., d/b/a Right At Home,

Respondents.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA2160
Jefferson County District Court No. 11DR3483
Honorable Randall C. Arp, Judge

In re the Marriage of

Eva Fromhold,

Appellee,

and

Matthew S. Yadron,

Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2484
Mesa County District Court No. 11JV271
Honorable John N. McMullen, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning N.C. and W.C.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE ROY*
Davidson, C.J., and Nieto*, J., concur

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


Court of Appeals No. 13CA0365
Industrial Claim Appeals Office of the State of Colorado
DD No. 27534-2012

Staci Quintanilla,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Washington Park Veterinary Clinic, PC,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0416
Arapahoe County Court No. 11JV1185
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of V.B., a Child,

and Concerning H.G.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE STERNBERG*
Webb and Richman, JJ., concur

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


Court of Appeals No. 13CA0619
Industrial Claim Appeals Office of the State of Colorado
DD No. 1804-2013

Marcia A. Barenberg,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and SDH Education West LLC,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0807
Pueblo County District Court No. 13MH102
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Jeff Anthony Benedetti,

Respondent-Appellant.

ORDERS AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA1687

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincente Mendez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2436

Robert B. Lloyd and Alice L. Lloyd,

Plaintiffs-Appellants,

v.

Alan B. Rosenberger, M.D.,

Defendant-Appellee.

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 27, 2013

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