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Colorado Court of Appeals Opinions || September 5, 2013

Colorado Court of Appeals -- September 5, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1912
City and County of Denver District Court No. 06CR1000
Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerel Charles Harris,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1036
Clear Creek County District Court No. 09CR11
Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Henry A. Butler, Jr.,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA1230
Jefferson County District Court No. 09CR3235
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Thomas Fleury,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur

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


Court of Appeals No. 10CA1270
Mesa County District Court No. 09CR613
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Vaughn Seery,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA1383
Arapahoe County District Court No. 07CR2692
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremiah Joseph Kennedy,

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. 11CA0320
Arapahoe County District Court Nos. 09CR1956 & 10CR1143
Honorable John Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Delerence Edward Leopold, Sr.,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA0381
Weld County District Court No. 09CR2208
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ever Eleazar Murrieta-Nieblas,

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. 11CA0836
El Paso County District Court No. 11M1607
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Beverly Jill Maser,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1166
Arapahoe County District Court No. 09CR170
Honorable Marilyn Leonard Antrim, Judge
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Allen Strepka,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE ROMÁN
Fox, J., concurs
Taubman, J., specially concurs

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


Court of Appeals No. 11CA1236
City and County of Denver District Court No. 09CR5163
Honorable Edward G. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yan De Yang,

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. 11CA1275
Weld County District Court No. 09CR2279
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fermin Lopez,

Defendant-Appellant.

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

Division III
Opinion by JUDGE ROTHENBERG*
Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1961
Arapahoe County District Court No. 10CR1647
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dylan Lamar Hazelwood,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2064
El Paso County District Court No. 09CR2272
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Richardson,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2251
Larimer County District Court No. 85CR1074
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott M. Rollins,

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. 12CA0235
City and County of Denver District Court No. 11CV3802
Honorable R. Michael Mullins, Judge

Gene Lee Yambor,

Petitioner-Appellant,

v.

Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Román and Terry, JJ., concur
Prior Opinion Announced May 9, 2013, WITHDRAWN
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0515
Kit Carson County District Court No. 10CV18
Honorable Kevin L. Hoyer, Judge

Keith Frazier,

Plaintiff-Appellant,

v.

Colorado Department of Corrections (CDOC); Raemisch, Executive Director of the Colorado Department of Corrections; Allen, (CDOC); Griffin, Correctional Officer, KCCC; Sloan, Assistant Warden, KCCC (now Warden, BCCF); Arnold, Correctional Officer, KCCC; Vaughn, Captain, KCCC; Cynthia Wilkinson, A Unit Manager, KCCC; Greg Wilkinson, B Unit Manager, KCCC; D. Carter, Sergeant, Hearing Officer, KCCC; Hoyt Brill, Warden, KCCC; Larry Cox, C Unit Manager, KCCC (now Chief of Security, BCCF); Brownfield, Instructor, KCCC; Erhart, Captain, KCCC; Steve Phillips, Property Officer, KCCC (now Correctional Officer, BCCF); Winfield, Programs Manager, KCCC; Jackson, Sergeant, Hearing Officer, KCCC; Brion Ferrell, VP State Customer Relations, CCA; and Newberry, Sergeant, Hearing Officer, KCCC,

Defendants-Appellees.

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

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

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


Court of Appeals No. 12CA0733
El Paso County District Court No. 06CR648
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Eugene Muñoz,

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. 12CA0826
Montrose County District Court No. 09CV433
Honorable James M. Schum, Judge

Alexis Gevorgian; Odet Najarian; and AMG & Associates, LLC, a California limited liability company,

Plaintiffs-Appellants and Cross-Appellees,

v.

NBH Bank, N.A. and CBC West Range I, LLC,

Defendants-Appellees and Cross-Appellants.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
A
ND 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. 12CA0961
El Paso County District Court No. 11CR455
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Beverly,

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. 12CA0997
El Paso County District Court No. 06DR4066
Honorable Barney Iuppa, Judge

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

Michelle Krause,

Appellant,

and

Michael Longacre,

Appellee.

ORDER VACATED 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. 12CA1262
Jefferson County District Court No. 09DR1334
Honorable Jane A. Tidball, Judge

In re the Marriage of

Carl Roberts,

Appellant,

and

Joni Roberts,

Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 12CA1839
El Paso County District Court No. 10DR617
Honorable Robert L. Lowrey, Judge

In re the Marriage of

Guilbel R. Hummer,

Appellant,

and

Justin M. Hummer,

Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2103
Mesa County District Court No. 11DR1017
Honorable Brian J. Flynn, Judge

In re the Marriage of

Stephanie Jo Smith,

Appellant,

and

Troy Bates Smith,

Appellee.

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

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

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


Court of Appeals No. 12CA2397
Larimer County District Court No. 11DR1580
Honorable Stephen E. Howard, Judge

In re the Marriage of

Dan Sewell Ward,

Appellant,

and

Merrilee Cleveland,

Appellee.

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

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

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


Court of Appeals No. 12CA2481
Industrial Claim Appeals Office of the State of Colorado
DD No. 18071-2012

Denise R. Williams,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Harland Clarke Corporation,

Respondents.

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. 13CA0338
Mesa County District Court No. 12JV44
Honorable David Arnold Bottger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.B., Child,

and Concerning B.X.,

Respondent-Appellant.

JUDGMENT 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. 13CA0470
Weld County District Court No. 11JV731
Honorable Elizabeth B. Strobel, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.W. and J.W., Children,

and Concerning J.W. and A.W.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Richman and Navarro, JJ., concur

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


Court of Appeals No. 13CA0498
Industrial Claim Appeals Office of the State of Colorado
DD No. 21110-2012

Theisen Masonry, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and David J. Clancy,

Respondents.

ORDER AFFIRMED

Division II
Opinion by JUDGE ROY*
Casebolt and Ney*, JJ., concur

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


Court of Appeals No. 13CA1033
Pueblo County District Court No. 13MH186
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Brian Kuykendall,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA0156

La Plata Mountain Resources, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

Leadville Mining Corporation, a Colorado corporation,

Defendant,

and

Scot B. Hutchins and John H. Gasper,

Defendants-Appellants and Cross-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0235

Gene Lee Yambor,

Petitioner-Appellant,

v.

Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado,

Defendant-Appellee.

Prior Opinion Announced May 9, 2013, WITHDRAWN

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0757

Todd Cox,

Plaintiff-Appellant,

v.

Michael Anthony DeSanctis,

Defendant-Appellee.

Opinion Modified and

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 || September 5, 2013

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