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Colorado Court of Appeals Opinions || September 12, 2013

Colorado Court of Appeals -- September 12, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 11CA0459
Gilpin County District Court No. 02CR42
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Reginald Marcus Porter,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED
AND RULING DISAPPROVED

Division II
Opinion by JUDGE MÁRQUEZ*
Casebolt and Dunn, JJ., concur


Court of Appeals Nos. 11CA1239 & 11CA1582
City and County of Denver District Court No. 09CV3252
Honorable Morris B. Hoffman, Judge

Stresscon Corporation, a Colorado corporation,

Plaintiff-Appellee and Cross-Appellant,

v.

Travelers Property Casualty Company of America, a Connecticut company,

Defendant-Appellant and Cross-Appellee.

JUDGMENT 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. 12CA1112
Douglas County District Court No. 09CV1954
Honorable Richard B. Caschette, Judge

Fabian Sebastian,

Plaintiff-Appellant,

v.

Douglas County, Colorado; Douglas County Sheriff’s Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriff’s Deputy,

Defendants-Appellees.

ORDER AFFIRMED

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


Court of Appeals No. 12CA1197
Arapahoe County District Court No. 08CV2779
Honorable Charles M. Pratt, Judge

Kirsten K. Riccatone; Brian Riccatone; and Ashlee D. Duran,

Plaintiffs-Appellants,

v.

Colorado Choice Health Plans, d/b/a San Luis Valley Health Maintenance Organization; Gallagher Benefit Services, Inc., a Delaware corporation; and CNIC Health Solutions, Inc., a Colorado corporation,

Defendants-Appellees.

JUDGMENT AFFIRMED

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



 

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0239
City and County of Denver District Court No. 07CR7263
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willie J. Trimble,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Booras and Fox, JJ., concur

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


Court of Appeals No. 10CA0473
Weld County District Court No. 06CR1487
Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eziquio Deleon,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur

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


Court of Appeals No. 10CA1098
Jefferson County District Court No. 09CR1494
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Drew Scott Dempsey, Defendant-Appellant.

JUDGMENT AND 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. 10CA1878
Boulder County District Court No. 09CR1875
Honorable Maria E. Berkenkotter, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gavan Salah Alkadi,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Hawthorne and Fox, JJ., concur

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


Court of Appeals No. 10CA2412
Delta County District Court No. 97CR42
Honorable David R. Lass, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eugene Marvin Smith,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 11CA0107
Larimer County District Court No. 09CR617
Honorable Stephen J. Schapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Francisco Vazquez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE J. JONES
Dailey and Román, JJ., concur

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


Court of Appeals No. 1 1CA0409
Douglas County District Court No. 02CR669
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael William Carton,

Defendant-Appellant.

ORDERS AFFIRMED

Division IV
Opinion by JUDGE DUNN
Webb and Bernard, JJ., concur

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


Court of Appeals No. 11CA0771
Adams County District Court No. 08CR3402
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Anthony Romero,

Defendant-Appellant.

ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE NEY*
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 1 1CA0958
Mesa County District Court No. 10CR922
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James R. Hodgson,

Defendant-Appellant.

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. 11CA1131
Arapahoe County District Court Nos. 07CR391 & 07CR55
Honorable Gerald Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willem Sean Carter,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE WEBB
Bernard and Dunn, JJ., concur

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


Court of Appeals No. 11CA1935
Douglas County District Court No. 10CR531
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Phillip Montano,

Defendant-Appellant.

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. 11CA2474
Mesa County District Court No. 10CR 1440
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph I. Brown,

Defendant-Appellant.

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

Division II
Opinion by JUDGE CASEBOLT
Terry and Vogt*, JJ., concur

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


Court of Appeals No. 12CA0520
Arapahoe County District Court No. 09CR2621
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Zachariah Trollinger,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 12CA0603
Jefferson County District Court No. 08CV1754
Honorable Lily W. Oeffler, Judge

Gerol K. Fields,

Plaintiff-Appellant,

v.

State Farm Mutual Automobile Insurance Company, an Illinois corporation,

Defendant-Appellee.

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

Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur

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


Court of Appeals No. 12CA0719
Weld County District Court No. 10CV1156
Honorable Elizabeth B. Strobel, Judge

Bill J. Hall,

Plaintiff-Appellant,

v.

Town of Gilcrest, Colorado, a Colorado municipal corporation; and Menda K. Warne, an individual,

Defendants-Appellees.

JUDGMENT REVERSED, ORDER SET ASIDE,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0808
Larimer County District Court Nos. 92CR1081, 96CR1204, 96CR1242, & 96CR1243
Honorable Julie Kunce Field, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Allen Gollobith,

Defendant-Appellant.

ORDERS AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Booras and Fox, JJ., concur

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


Court of Appeals No. 12CA0815
Douglas County District Court No. 08CV1192
Honorable Richard B. Caschette, Judge

Jacqueline Shea Puhl and Michael Puhl,

Plaintiffs-Appellants

v.

Medved Chevrolet South, Inc., a Colorado corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli and Nieto*, JJ., concur

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


Court of Appeals No. 12CA0817
Mesa County District Court No. 07DR832
Honorable Brian J. Flynn, Judge

In re the Marriage of

Jerrod E. Gavito,

Appellee and Cross-Appellant, and

Rebekah Schiffman, f/k/a/ Rebekah Gavito,

Appellant and Cross-Appellee, and Concerning Susan E. Eggert, Attorney-Cross-Appellee.

ORDER AFFIRMED IN PART, VACATED IN PART,
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. 12CA0867
Weld County District Court No. 11DR627
Honorable Rebecca Koppes Conway, Magistrate

In re the Marriage of

Juanell Renee Kosacz,

Appellee,

and

Wayne Francis Kosacz,

Appellant.

ORDERS AFFIRMED

Division I
Opinion by JUDGE ROY*
Taubman and Graham, JJ., concur

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


Court of Appeals No. 12CA0900
Arapahoe County District Court No. 00CR14
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Leon Sides,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 12CA0983
Weld County District Court No. 12CR279
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isaac Galindo,

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. 12CA1064
Jefferson County District Court No. 09DR1594
Honorable Jack W. Berryhill, Judge

In re the Parental Responsibilities of A.B., a Child, and Concerning Nacoma RedCloud Petitt,

Appellee,

and

Lindsay Belfor,

Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE LOEB
Plank* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1183
Larimer County District Court No. 07CV831
Honorable Gregory M. Lammons, Judge

Steward Software Company, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

Richard Kopcho,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE GABRIEL
Carparelli and Furman, JJ., concur

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


Court of Appeals No. 12CA1222
Fremont County District Court No. 05CR192
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Manuel Ramon Mendoza,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Hawthorne and Fox, JJ., concur

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


Court of Appeals No. 12CA1356
Jefferson County District Court No. 02CR56
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jackie Lee Flowers,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Booras and Fox, JJ., concur

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


Court of Appeals No. 12CA1667
City and County of Denver District Court No. 11CV2022
Honorable J. Eric Elliff, Judge

Wells Fargo Bank, N.A.,

Plaintiff-Appellee,

v.

James P. Tatten,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE FURMAN
Carparelli and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1794
City and County of Denver District Court No. 99CR4486
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony E. McAfee,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE MILLER
Taubman and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA1844
City and County of Denver District Court No. 10CV7471
Honorable Herbert L. Stern, III, Judge

Marco A. Hernandez,

Plaintiff-Appellant,

v.

HSBC Card Services, Inc.; HSBC Bank Nevada, N.A.; and Direct Merchants Bank,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Hawthorne and Booras, JJ., concur

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


Court of Appeals No. 12CA1919
Mesa County District Court No. 09JD193
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of C.E.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE TERRY
Casebolt and Vogt, JJ., concur

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


Court of Appeals No. 12CA2014
Pueblo County District Court No. 06CV866
Honorable Larry C. Schwartz, Judge

Pueblo Imaging Center, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Parkview Medical Center, Inc., a Colorado nonprofit corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE HAWTHORNE
Booras and Fox, JJ., concur

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


Court of Appeals No. 12CA2080
City and County of Denver District Court No. 11CV6092
Honorable J. Eric Elliff, Judge

Xerox Corporation, a foreign corporation,

Plaintiff-Appellant,

v.

City of Westminster, a home rule city; Tammy A. Hitchens, in her capacity as the City of Westminster Finance Director; City of Arvada; City and County of Broomfield; and City and County of Denver, home rule municipalities,

Defendants-Appellees.

ORDERS AFFIRMED

Division II
Opinion by JUDGE VOGT*
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 12CA2119
City and County of Denver Juvenile Court No. 12JD441
Honorable Kenneth Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of C.M.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Carparelli and Furman, JJ., concur

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


Court of Appeals No. 12CA2227
Jefferson County District Court No. 02JV894
Honorable Ann G. Meinster, Judge

People of the State of Colorado,

Petitioner-Appellee,

In the Interest of LRHT, a Child,

and Concerning DHT,

Respondent-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE CARPARELLI
Furman and Gabriel, JJ., concur

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


Court of Appeals No. 13CA0579
Adams County District Court No. 12JV1
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.R. and J.R., Children,

and Concerning J.R. and D.R.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

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


Court of Appeals No. 13CA0770
Industrial Claim Appeals Office of the State of Colorado
DD No. 29826-2012

Tarza O. Ibrahim,

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 DAILEY
Román and J. Jones, JJ., concur

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


Court of Appeals No. 13CA0816
Mesa County District Court No. 12JV431
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.K.,

Respondent-Appellant.

ORDERS AFFIRMED

Division IV
Opinion by JUDGE PLANK*
Loeb and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0855
El Paso County District Court No. 12JV1296
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.C.-D.G., a Child,

and Concerning F.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE VOGT*
Loeb and Plank*, JJ., concur

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


Court of Appeals No. 13CA0998
Industrial Claim Appeals Office of the State of Colorado
DD No. 29034-2012

Amale M. Terazi,

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 ROMÁN
Dailey and J. Jones, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 12CA1570

In re the Marriage of

Steven Lee Jakobs,

Appellant,

and

Donnell Gwen Jakobs, n/k/a Donnell Gwen Miller,

Appellee.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1787

Crossroads Condominium Owners Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellant,

v.

Countrywide Home Loans, Inc., d/b/a America’s Wholesale Lender, 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 || September 12, 2013

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