Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory


Colorado Court of Appeals Opinions || July 25, 2013

Colorado Court of Appeals -- July 25, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1593
City and County of Denver District Court No. 06CR7591
Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Lee Vasquez,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA0100
City and County of Denver District Court No. 98CR1519
Honorable William W. Hood, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Salazar,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 09CA0476
Arapahoe County District Court No. 06CR2405
Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jennifer Lynn Teeters,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 09CA2360
El Paso County District Court No. 08CR3017
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Lee Andersen,

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. 09CA2398
Arapahoe County District Court No. 06CR2639
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darwin T. Plumb,

Defendant-Appellant.

ORDER 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. 10CA0422
City and County of Denver District Court No. 08CR5815
Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruben A. Sotelo-Sianez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1482
Adams County District Court No. 09CR2569
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Monty Craig Holen,

Defendant-Appellant.

JUDGMENT 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. 10CA2295
El Paso County District Court No. 08CR3036
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul T. Diperri,

Defendant-Appellant.

JUDGMENT 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. 10CA2444
Douglas County District Court No. 09CR491
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane David Hayden,

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. 10CA2616
Jefferson County District Court No. 10CR252
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Irma Velazquez-Rodriguez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1957
Weld County District Court No. 07CR2284
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gilbert Bryan Martinez,

Defendant-Appellant.

SENTENCE 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. 11CA2221
Adams County District Court No. 11CR603
Honorable Jeffrey L. Romeo, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Chase Dwayne Redden,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2572
City and County of Denver District Court No. 92CR3127
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Arturo Palomares,

Defendant-Appellant.

ORDER AND SENTENCE 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. 12CA0278
Weld County District Court No. 10DR809
Honorable Marcelo A. Kopcow, Judge

In re the Marriage of

Kimberly Procell,

Appellant,

and

Rupert Wayne Procell,

Appellee.

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. 12CA0622
Mesa County District Court No. 11CR633
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Tony A. Bunce,

Defendant-Appellant.

JUDGMENT 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. 12CA0730
El Paso County District Court No. 07CR944
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rusty Lee Sarvis,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0731
Adams County District Court No. 10CR2508
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Eric Hanson,

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. 12CA0740
Arapahoe County District Court No. 04CR362
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Cynthia Renee Pinkey,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli, J., concurs J. Jones, J., specially concurs

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


Court of Appeals No. 12CA0759
Larimer County District Court No. 07CV525
Honorable Dave Williams, Judge

Fall River Village Communities, LLC,

Plaintiff-Appellant,

v.

Cornerstone Engineering & Surveying, Inc.,

Defendant-Appellee.

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. 12CA0799
El Paso County District Court No. 10CR2139
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Jonathan Bomsta,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0828
Boulder County District Court Nos. 03CR2174 & 04CR60
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Erik Bryce Ansteensen,

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. 12CA0870
City and County of Denver District Court Nos. 06CR7652 & 07CR1981
Honorable Anne M. Mansfield, Judge
Honorable Sheila A. Rappaport, Judge
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick Santiago Sanchez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0945
Colorado Division of Insurance
No. W1743 95897

Harold E. Miller, III,

Petitioner-Appellant

v.

Colorado Division of Insurance,

Respondent-Appellee.

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. 12CA1029
Arapahoe County District Court No. 10CV1307
Honorable Charles M. Pratt, Judge

Michael A. Collins,

Plaintiff-Appellant,

v.

CFAM Financial Services, LLC,

Defendant-Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1102
El Paso County District Court No. 95DR607
Honorable Michael P. McHenry, Judge

In re the Marriage of

Jonathan Ringel,

Petitioner,

and

Katherine Ringel,

Appellant,

and Concerning El Paso County Child Support Enforcement Unit,

Appellee.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1138
Douglas County District Court No. 02CR63
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cynthia Renee Pinkey,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE MILLER
Márquez*, J., concurs
Graham, J., specially concurs

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


Court of Appeals No. 12CA1175
Larimer County District Court No. 11CR219
Honorable Stephen J. Shapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michelle Rene Aleman,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1182
Kit Carson County District Court No. 11CV50
Honorable Charles M. Hobbs, Judge

Michael Francis Maxsween

Plaintiff-Appellant,

v.

Roger Werholtz, Interim Executive Director of the Colorado Department of Corrections, and Anthony Young, Chair of the Colorado Parole Board,

Defendants-Appellees.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1305
Adams County District Court No. 06CR1001
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey W. Anderson,

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. 12CA1352
Jefferson County District Court No. 10CV3594
Honorable Jane A. Tidball, Judge

Ruben Reyes,

Plaintiff-Appellee and Cross-Appellant,

v.

Shavonne R. Young and Sheryl R. Fitch,

Defendants-Appellants and Cross-Appellees.

ORDER AND JUDGMENT 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. 12CA1513
Conejos County District Court No. 10CR55
Honorable Patti P. Swift, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodney Northrip,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Court of Appeals No. 12CA1563
Pitkin County District Court No. 10CV346
Honorable Thomas W. Ossola, Judge

Graham Frandson,

Plaintiff-Appellant,

v.

Shannon Cohen

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1688
Grand County District Court No. 2011CR72
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Dennis J. West,

Defendant-Appellee.

APPEAL DISMISSED

Division V
Opinion by JUDGE MILLER
Graham and Furman, JJ., concur

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


Court of Appeals No. 12CA1706
Arapahoe County District Court No. 12CV458
Honorable J. Mark Hannen, Judge

R. Kirk McDonald,

Plaintiff-Appellant,

v.

Zions First National Bank,

Defendant-Appellee.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1896
El Paso County District Court No. 12CV1760
Honorable Michael P. McHenry, Judge

American Family Mutual Insurance Company,

Plaintiff-Appellee,

v.

Douglas E. Kaiser,

Defendant-Appellant.

JUDGMENT REVERSED

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

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


Court of Appeals No. 12CA2012
City and County of Denver District Court No. 10DR3395
Honorable William W. Hood, III, Judge

In re the Marriage of

Renu Gupta, f/k/a Renu Kansal,

Appellant,

and

Abhishekh Sonu Kansal,

Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2372
Industrial Claim Appeals Office of the State of Colorado
DD No. 16932-2012

Wanda K. Hodkins,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Quail Hill Mobile Home Park, Ltd.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0042
Adams County District Court No. 11JV167
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Ja.R. and Jo.R., Children,

and Concerning K.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0152
Weld County District Court No. 10JV835
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning E.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0158
El Paso County District Court No. 10JV2035
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.G., and S.L.G., Children,

and Concerning M.A.M., a/k/a M.M.G., and J.D.G.,

Respondents-Appellants.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0273
Weld County District Court No. 99CR943
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Michael Watkins,

Defendant-Appellant.

ORDERS AFFIRMED 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. 13CA0577
Adams County District Court No. 12JV6
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Ne.B. and Nr.B., Children,

and Concerning D.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0698
Industrial Claim Appeals Office of the State of Colorado
DD No. 1693-2013

Gregory A. Mueller,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA2167

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Visith Ny,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA0474

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Glenn Flippo,

Defendant-Appellant.

Petitions for Rehearing DENIED

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


Court of Appeals No. 11CA2105

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joey D. Bueno,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0123

Mary I. Ryan Survivor’s Trust; Donald Ryan Exempt Credit Shelter Trust; and Mary I. Ryan, as Trustee,

Plaintiffs-Appellees,

v.

Robert H. Friis and Rebecca E. Friis,

Defendants-Appellants.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1575

Michele Fry,

Plaintiff-Appellant,

v.

Kurtis Lee and The Denver Post, LLC, a Delaware limited liability company doing business in Colorado,

Defendants-Appellees.

Petition for Rehearing DENIED


*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 25, 2013

Back