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Colorado Court of Appeals Opinions || September 26, 2013

Colorado Court of Appeals -- September 26, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No. 11CA0699
Arapahoe County District Court No. 08CV1897
Honorable Carlos A. Samour, Jr., Judge
Jerry Mullins,

Plaintiff-Appellant,

v.

Medical Lien Management, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


 

Court of Appeals No. 11CA1942
Arapahoe County District Court No. 07CR2657
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Adam James Wilburn,

Defendant-Appellee.

ORDER DISAPPROVED

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


Court of Appeals No. 12CA1866
Pitkin County District Court No. 10CV28
Honorable Gail H. Nichols, Judge

Idaho Pacific Lumber Company, Inc.,

Plaintiff-Appellant,

v.

Celestial Land Company Limited, Garnishee,

Appellee.

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

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


Court of Appeals No. 12CA1963
City and County of Denver District Court No. 12CV3804
Honorable Kenneth M. Plotz, Judge

Martin Foster Egelhoff,

Plaintiff-Appellee,

v.

Lesley Joe Taylor,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1127
Douglas County District Court No. 06CR696
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Montrell Vincent Watson,

Defendant-Appellant.

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

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

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


Court of Appeals No. 08CA1882
El Paso County District Court No. 07CR802
Honorable Richard V. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

George Eubanks,

Defendant-Appellant.

JUDGMENTS AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS

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. 09CA1910
El Paso County District Court No. 08CR4557
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John David Boyd,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0066
Pueblo County District Court No. 01CR745
Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Lee,

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. 11CA0180
City and County of Denver District Court No. 08CR4342
Honorable Edward Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asim Abdullah,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0351
El Paso County District Court No. 09CR3525
Honorable David Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dorene Esther Priewe,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA0406
Weld County District Court Nos. 09CR2179 & 10CR893
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christian Stanley Hanson,

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. 11CA0675
Adams County District Court No. 05CR1125
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy Mark Brownlow, Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA0845
City and County of Denver District Court No. 09CR2907
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Waller,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0961
El Paso County District Court No. 10CR3701
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Diaz Gonzalez,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 11CA1037
Adams County District Court No. 10CR525
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Franco Onofre Aragon,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE ROMÁN
J. Jones and Roy*, JJ., concur

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


Court of Appeals No. 12CA0208
Adams County District Court No. 11CR644
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard Ray Lucero,

Defendant-Appellant.

JUDGMENT 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. 12CA0432
Jefferson County District Court No. 04CR260
Honorable Tom Woodford, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Merhatsedek Woldyohannis,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0508
Moffat County District Court No. 07CR178
Honorable Michael A. O’Hara, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ramona Brassard,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE LOEB
Plank* and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA0577
El Paso County District Court Nos. 10CR2076 & 10CR2964
Honorable Peter W. Booth, Judge
Honorable William B. Bain, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Deyonn Huery,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 12CA0665
Arapahoe County District Court No. 11CR1978
Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mihail Stfanov Petrov,

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. 12CA0705
Arapahoe County District Court No. 10CR2476
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Lee Rigoulot,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0882
Larimer County District Court No. 09CV785
Honorable Daniel J. Kaup, Judge

Sheri L. Grossman,

Plaintiff-Appellant,

v.

C. Brad Sisson, M.D.,

Defendant-Appellee.

JUDGMENTS AND ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1190
Boulder County District Court No. 03CR1592
Honorable James C. Klein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Timothy West,

Defendant-Appellant.

ORDER 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. 12CA1272
Adams County District Court No. 12CV244
Honorable Edward C. Moss, Judge

In re the Petition of Robert D. Faulkner,

Petitioner-Appellee

v.

The People of the State of Colorado,

Respondent-Appellant.

ORDER REVERSED

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

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


Court of Appeals No. 12CA1345
City and County of Denver District Court Nos. 09CV7235 & 09CV11018
Honorable Ann B. Frick, Judge

Cedar Street Venture, LLC, a Colorado limited liability company, and Montage Project Joint Venture,

Plaintiffs-Appellants,

v.

Richard D. Judd and Robinson Waters & O’Dorisio, PC, 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. 12CA1471
Arapahoe County District Court No. 11CV2219
Honorable Gerald J. Rafferty, Judge

Howard Gengerke, Plaintiff-Appellant,

v.

Colorado Department of Revenue, Motor Vehicle Division; and J. Bachlet, Hearing Officer,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1478
Jefferson County District Court No. 06CR1050
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Michael Ayers,

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. 12CA1523
Jefferson County District Court No. 09CR2947
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael David Smith, Defendant,

and

Daniel E. Apodaca, Surety-Appellant.

ORDERS AFFIRMED

Division I
Opinion by JUDGE LICHTENSTEIN
Taubman and Miller, JJ., concur

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


Court of Appeals No. 12CA1524
Jefferson County District Court No. 11CR2216
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Angel Santillano, Defendant,

and

Daniel E. Apodaca, Surety-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE LICHTENSTEIN
Taubman and Miller, JJ., concur

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


Court of Appeals No. 12CA1621
Denver County District Court No. 04CR3494
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Tommy Valdez,

Defendant-Appellant.

ORDER 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. 12CA1804
Weld County District Court No. 11CV299
Honorable Paul R. McLimans, Judge

Helen Korgan,

Plaintiff-Appellant,

v.

Wal-Mart Stores, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE NAVARRO
Graham and Richman, JJ., concur

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


Court of Appeals No. 12CA1816
City and County of Denver District Court No. 12CV2690
Honorable Robert L. McGahey, Jr., Judge

Robert Henry Copier,

Plaintiff-Appellant,

v.

Cathy Libin and William Lowe,

Defendants-Appellees.

JUDGMENT AND ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Carparelli, J., concurs
J. Jones, J., concurs in part and dissents in part

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


Court of Appeals No. 12CA2143
Ouray County District Court Nos. 08CV22, 09CV42 & 09CV53
Honorable J. Steven Patrick, Judge

Andrew Fisher,

Plaintiff-Appellant,

v.

Dallas Creek Water Company, Inc., a Colorado corporation, Defendant-Appellee.

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. 12CA2189
El Paso County District Court No. 11CV50 18 Honorable Barbara L. Hughes, Judge

Meadow Lake Airport Association,

Plaintiff-Appellee,

v.

Johnston Enterprises of Colorado Springs, LLC, Defendant-Appellant.

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

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

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


Court of Appeals No. 12CA2302
City and County of Denver District Court No. 12CV6440
Honorable Robert S. Hyatt, Judge

Cynthia Pinkey, Plaintiff-Appellant,

v.

Dona Zavisian, Warden and Rick Raemisch, Executive Director Colorado Department of Corrections,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE PLANK*
Loeb and Rothenberg*, JJ., concur

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


Court of Appeals No. 12CA2371
City and County of Denver District Court No. 11CV4129
Honorable Martin F. Egelhoff, Judge

John F. McBride,

Plaintiff-Appellee,

v.

Akeem A. Makeen,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 13CA0049
City and County of Denver District Court No. 00CR4189
Honorable Michael J. Vallejos, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Genaro Hernandez-Molina,

Defendant-Appellant.

ORDER 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. 13CA0253
City and County of Denver District Court No. 96CR2563
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David K. Jenner,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0369
Mesa County District Court No. 11JV185
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.N.U., a Child, and Concerning C.R.G.,

Respondent-Appellant.

JUDGMENT VACATED 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. 13CA0748
Industrial Claim Appeals Office of the State of Colorado
DD No. 28196-2012

Tinnes Enterprises, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Christopher E. Panza,

Respondents.

ORDER AFFIRMED

Division V
Opinion by JUDGE ROTHENBERG*
Loeb and Plank*, JJ., concur

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


Court of Appeals No. 13CA1335
Pueblo County District Court No. 13MH0213
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Jose Amalio Bernal,

Respondent-Appellant.

ORDER AFFIRMED

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

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



PETITIONS FOR REHEARING

Court of Appeals No. 10CA0131

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Denise Lynne Presson,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 11CA1275

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fermin Lopez,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1644

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Richard Carrillo,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 11CA2565

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John R. Yellowboy,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0769

Rodney Reid,

Plaintiff-Appellee,

v.

Daniel Berkowitz, d/b/a Shimon Builders,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 12CA0884

Steven R. Prestash,

Plaintiff-Appellant,

v.

City of Leadville,

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. 2013.

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 26, 2013

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