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Colorado Court of Appeals Opinions || July 11, 2013

Colorado Court of Appeals -- July 11, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 05CA1339
Arapahoe County District Court No. 02CR1036
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Jon Miller,

Defendant-Appellant.

ORDERS AFFIRMED

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

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


Court of Appeals No. 08CA1655
Jefferson County District Court No. 06CR1855
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Arthur Lujan,

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. 09CA0338
Adams County District Court No. 93CR964
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Toney Lamar Brown,

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. 10CA0423
El Paso County District Court No. 08CR4954
Honorable Robert L. Lowrey, Judge
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ashanti Black,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Roy*, JJ., concur

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


Court of Appeals No. 10CA0533
Weld County District Court No. 08CR1837
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Guadalupe Flores,

Defendant-Appellant.

JUDGMENT 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. 10CA1437
El Paso County District Court No. 09CR1917
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Mark Willis,

Defendant-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. 10CA1530
Jefferson County District Court No. 09CR1823
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony James Chavez,

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. 10CA1691
Mesa County District Court No. 95CR527
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Ray Young,

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. 10CA2096
Weld County District Court No. 01CR813
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Glenn Flippo,

Defendant-Appellant.

ORDER VACATED AND APPEAL DISMISSED

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

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


Court of Appeals No. 10CA2140
El Paso County District Court No. 09CR2474
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald Ray MacFarlane,

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. 10CA2161
City and County of Denver District Court No. 09CR3321
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodney Andre Wilson Smith,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA0881
El Paso County District Court No. 99CR3093
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason James Burkholder,

Defendant-Appellant.

ORDERS 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. 11CA1668
Jefferson County District Court No. 10CR2561
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eugene Harold Eurich,

Defendant-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. 11CA2043
Weld County District Court No. 10CR1608
Honorable Thomas J. Quammen, Judge
Honorable Steven E. Shinn, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Earl Pickering,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS

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. 11CA2483
City and County of Denver District Court No. 04CR4308
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Quinonez-Hurtado,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Roy*, JJ., concur

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


Court of Appeals No. 12CA0167
Weld County District Court No. 11CR241
Honorable Todd L. Taylor, Judge
Honorable J. Robert Lowenbach, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harold Myers,

Defendant-Appellant.

JUDGMENTS REVERSED 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. 12CA0378
Adams County District Court No. 10CR558
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lorena Rivas-Landa,

Defendant-Appellant.

ORDER REVERSED 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. 12CA0589
Arapahoe County District Court No. 06CR1950
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Franklin Pierce,

Defendant-Appellant.

ORDER 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. 12CA0849
Douglas County District Court No. 10CR688
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Priscilla Antoinette Payne-Harris,

Defendant-Appellant.

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. 12CA0995
Arapahoe County District Court No. 09CR3061
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian David Stockton,

Defendant-Appellant.

JUDGMENT 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. 12CA1061
Adams County District Court No. 98CR2654
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

George Clifford Murphy,

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. 12CA1249
City and County of Denver District Court No. 05DR2959
Honorable William D. Robbins, Judge

In re the Marriage of

Nancy L. Dorsey,

Appellant,

and

John Dorsey,

Appellee.

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. 12CA1358
Adams County District Court No. 10CV1193
Honorable Edward C. Moss, Judge

Baseline Lakes, LLC,

Plaintiff-Appellee,

v.

Todd Creek Village Metropolitan District, f/k/a Todd Creek Farms District, No. 1,

Defendant-Appellant.

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. 12CA1431
El Paso County District Court No. 10DR5263
Honorable Theresa M. Cisneros, Judge

In re the Marriage of

Esther Shock,

Appellant,

and

Douglas Shock,

Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1460
Fremont County District Court No. 99CR70
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Skinner,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1520
City and County of Denver District Court No. 11CV2999
Honorable R. Michael Mullins, Judge

William A. Eirish, Sr., and William A. Eirish, Jr.,

Plaintiffs-Appellants,

v.

Douglas L. Romero,

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. 12CA1635
City and County of Denver District Court No. 10CV8285
Honorable Robert L. McGahey Jr., Judge

S.B.,

Plaintiff-Appellant,

v.

F&R Lounge, LLC, d/b/a 5 Degrees; Joseph Gardner; and John Does, employees of F&R Lounge, d/b/a 5 Degrees,

Defendants-Appellees.

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. 12CA1777
Douglas County District Court No. 11DR1705
Honorable Christopher C. Cross, Judge

In re the Marriage of

Tamie Marie Hollinger,

Appellant,

and

Steven West Johnston,

Appellee.

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. 12CA1914
Pueblo County District Court No. 11CV839
Honorable Larry C. Schwartz, Judge

Anthony Lucero,

Plaintiff-Appellant,

v.

James R. Koncilja; and Koncilja and Koncilja, P.C.,

Defendants-Appellees.

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. 12CA2128
Baca County District Court No. 11CV14
Honorable P. Douglas Tallman, Judge

Red Flower, Inc., a Kansas corporation,

Plaintiff-Appellee,

v.

Kevin R. McKown,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2495
Adams County District Court No. 12JV14
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.M.V., a Child,

and Concerning J.M.,

Respondent-Appellant.

JUDGMENT 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. 12CA2570
Arapahoe County District Court No. 97CR3298
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Max Alonzo Martinez, Jr.,

Defendant-Appellant.

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. 12CA2610
City and County of Denver Juvenile Court No. 11JV221
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning R.Y.,

Respondent-Appellee.

ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur

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


Court of Appeals No. 13CA0327
Industrial Claim Appeals Office of the State of Colorado
DD No. 18108-2012

Scot D. Dannen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Coleman American Moving Services, Inc.,

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. 13CA0367
City and County of Denver Juvenile Court No. 11JV1429
Honorable Karen Michele Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.G.M., a Child,

and Concerning J.M.M.,

Respondent-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. 13CA0433
Adams County District Court No. 11JV403
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning N.S.,

Respondent-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. 13CA0434
Adams County District Court No. 11JV343
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.S. and U.S., Children,

and Concerning N.S.,

Respondent-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. 13CA0435
Jefferson County District Court No. 12JV796
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.I., Child,

and Concerning C.A.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0053

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roberto Martinez-Ruiz,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1732

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stetson Bustos,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1938

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy Douglas Gentry,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2030

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Guy V. Lucero, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA0093

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Adelhardt,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0566

Richard A. Voss, Cybil Voss, and Pinnacol Assurance,

Plaintiffs-Appellants,

v.

AMI Mechanical, Inc.,

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 || July 11, 2013

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