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Colorado Court of Appeals Opinions || October 24, 2013

Colorado Court of Appeals -- October 24, 2013
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.10CA0791
Weld County District Court No. 09CR568
Honorable Gilbert A. Gutierrez, Judge
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Arturo Medrano-Bustamante,

Defendant-Appellant.

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

Division IV
Opinion by JUDGE DUNN
Webb, J., concurs in part and dissents in part
Bernard, J., concurs in part and dissents in part


Court of Appeals No.10CA1207
Gunnison County District Court No. 09CR81
Honorable J. Steven Patrick, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michelle L. Zadra,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART,
SENTENCE AFFIRMED IN PART AND VACATED IN PART

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


Court of Appeals No.11CA2626
Larimer County District Court No. 10PR228
Honorable Gregory M. Lammons, Judge

In re the Estate of Jeanette Elizabeth Grosboll, a/k/a Jeanette E. Grosboll, deceased; and Ashley Nelson Grosboll, a/k/a Ashley N. Grosboll, deceased.

Jo Ann C. Grosboll,

Appellant,

v.

Robert Grosboll, Jr.; Eric Grosboll; and Christopher Grosboll,

Appellees.

ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.13CA0341
Industrial Claim Appeals Office of the State of Colorado DD No. 14668-2012

Ouray Sportswear, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance UI Tax Administration,

Respondents.

ORDER SET ASIDE

Division III
Opinion by JUDGE DAILEY
Román and J. Jones, JJ., concur


Court of Appeals No.13CA1203
Larimer County District Court No. 13MH173
Honorable Thomas R. French, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Gabriel Vivekanathan,

Respondent-Appellant.

APPEAL DISMISSED

Division VII
Opinion by JUDGE FOX
Booras, J., concurs
Hawthorne, J., dissents


Court of Appeals No.13CA1390
Larimer County District Court No. 12CV1654
Honorable Devin R. Odell, Judge

Triple Crown at Observatory Village Association, Inc.,

Plaintiff-Petitioner,

v.

Village Homes of Colorado, Inc.; Peter Benson; Brian Graves; Mark McCallum; Rudy Hansch; Kelly Martinez; Ronald Hettinger; and Elyssa Blazier,

Defendants-Respondents.

PETITION GRANTED

Division A
Opinion by JUDGE GABRIEL
Webb, J., concurs
Terry, J., dissents
Announced October 24, 2013


UNPUBLISHED OPINIONS

Court of Appeals No. 06CA1113
Elbert County District Court No. 05CR22
Honorable Jack F. Smith, Judge
Honorable Thomas Levi, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daryle Ernest Hemphill,

Defendant-Appellant.

JUDGMENT AND SENTENCES VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE VOGT*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 09CA1800
Weld County District Court No. 07CR2227
Honorable Marcelo A. Kopkow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Francisco Hernandez,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 09CA1801
Jefferson County District Court No. 08CR1806
Honorable Stephen M. Munsinger, Judge
Honorable Jane Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cari Marie Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE VOGT*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 10CA1040
City and County of Denver District Court No. 08CR5997
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Sorensen,

Defendant-Appellant.

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. 10CA2356
El Paso County District Court No. 09CR3320
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vanessa Lucero,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Vogt*, J., concur

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


Court of Appeals No. 11CA1055
City and County of Denver District Court No. 10CR2187
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

Joshua Levi Holley, Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 11CA1231
Arapahoe County District Court No. 08CR2171
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Joe Reaves,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA2070
Arapahoe County District Court No. 07CR1928
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

V Alexzander James,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 12CA0319
Arapahoe County District Court No. 09JA4150
Honorable William Blair Sylvester, Judge
Honorable James Macrum, Jr., Judge

In the Petition of S.H., Petitioner-Appellee, for the Adoption of J.C.B., a Child, and Concerning W.T.,

Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE VOGT*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 12CA0503
El Paso County District Court No. 11CV172
Honorable Barbara L. Hughes, Judge

Reginald Reed,

Plaintiff-Appellant,

v.

Memorial Health System; Dale R. Agthe, Assistant City Attorney for Memorial Health System; and El Paso County Sheriff’s Office,

Defendants-Appellees.

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. 12CA0513
El Paso County District Court Nos. 99CR4765, 04CR3717, 04CR3847 & 04CR3857
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lloyd Victor Haynes,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 12CA0755
City and County of Denver District Court No. 10DR1526
Honorable Michael J. Vallejos, Judge

In re the Marriage of

Patsy K. Gallery

Appellant, and

Stanley A. Gallery,

Appellee.

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. 12CA0875
Yuma County District Court No. 02CR15
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael DuWayne Jacobs,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by CHIEF JUDGE LOEB
Kapelke* and Nieto*, JJ., concur

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


Court of Appeals No. 12CA1039
Douglas County District Court No. 11CR145
Honorable Paul A. King, Judge
Honorable Jack F. Smith, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Thornton,

Defendant-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. 12CA1132
City and County of Denver District Court No. 12CV2522
Honorable Christina M. Habas, Judge

Deedrick Williams,

Plaintiff-Appellant,

v.

Deutsche Bank National Trust Company as Trustee under the Pooling and Servicing Agreement dated as of October 1, 2004,

Defendant-Appellee.

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. 12CA1178
La Plata County District Court No. 10CV246
Honorable Elizabeth Beebe Volz, Judge

Ute Lake Ranch, Inc., a Colorado corporation; and DVR, LLC, a Colorado limited liability company,

Plaintiffs-Appellees,

v.

Bruce Hamon,

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 Nos. 12CA1216 & 12CA2242
Arapahoe County District Court No. 10CR2045
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Randy Douglas Baldessari,

Defendant-Appellant.

ORDERS AFFIRMED

Division II
Opinion by JUDGE NIETO*
Loeb, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 12CA1291
Pitkin County District Court No. 10CR46
Honorable Gail H. Nichols, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warren Clarence Carter,

Defendant-Appellant.

ORDER 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. 12CA1746
Jefferson County District Court No. 11PR1050
Honorable Stephen M. Munsinger, Judge

In re the Estate of Norman Tolleson, a protected person.

Jefferson County Department of Human Services,

Petitioner-Appellee,

v.

James M. Zarlengo,

Appellant.

JUDGMENTS 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. 12CA1848
Weld County District Court No. 11JA19
Honorable Marcelo A. Kopcow, Judge

In re the Petition of K.C.M. and G.R.M.,

Petitioners-Appellees,

for the Adoption of S.H., a Child, and Concerning L.H.,

Respondent-Appellant.

JUDGMENT REVERSED 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. 12CA1886
City and County of Denver District Court No. 11CV3770
Honorable John N. McMullen, Judge

John Davis,

Plaintiff-Appellant,

v.

School District No. 1 in the City and County of Denver,

Defendant-Appellee.

ORDER 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. 12CA1965
Jefferson County District Court No. 11DR3027
Honorable Christopher C. Zenisek, Judge

In re the Marriage of

Ellen C. Strazzeri, f/k/a Ellen C. Persinger,

Appellee,

and

Gene E. Persinger, Jr.,

Appellant.

JUDGMENT AND ORDER AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Lichtenstein and Miller, JJ., concur

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


Court of Appeals No. 12CA2059
Boulder County District Court No. 09CV236
Honorable Ingrid S. Bakke, Judge
Honorable Maria E. Berkenkotter, Judge

Martin Sterenbuch,

Plaintiff-Appellant,

v.

E. Warren Goss, III; Lyle Smith; and Intercontinental Capital Management, LTD,

Defendants-Appellees.

JUDGMENT REVERSED 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. 12CA2079
El Paso County District Court No. 94DR2512
Honorable Deborah J. Grohs, Judge

In re the Marriage of

Patricia C. Eck,

Appellee,

and

Industrial Claim Appeals Office of the State of Colorado WC No. 4-784-196

David Valdez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Alstom, Inc.; and Zurich American,

Respondents.

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. 12CA2314
Larimer County District Court No. 12CV760
Honorable Dave Williams, Judge

F&C Door Check and Lock Service, Inc., a Colorado corporation; and Fred Hepp, Owner,

Plaintiffs-Appellants,

v.

Windsor Severance Fire Protection District; and Dohn Construction, Inc., a Colorado corporation,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE LOEB
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA2539
Arapahoe County District Court Nos. 00CR2570 & 10CR388
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Monte Eugene Eldridge,

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. 12CA2577
Weld County District Court No. 11CV278
Honorable Daniel S. Maus, Judge

Robert M. Waldo, as Personal Representative of the Estate of Albert Sinner,

Plaintiff-Appellee,

v.

Dennis Skinner,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2578
Arapahoe County District Court No. 12CV288
Honorable Carlos A. Samour, Jr., Judge

Jerry Mahan,

Plaintiff-Appellant,

v.

PTT Properties,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division A
Opinion by CHIEF JUDGE LOEB
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0318
Logan County District Court No. 12JV63
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.M., a Child, and Concerning M.G.,

Respondent-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE LOEB
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0573
Industrial Claim Appeals Office of the State of Colorado DD No. 236-2013

Iryna Petushchak,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Masters Touch Homes,

Respondents.

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. 13CA0854
El Paso County District Court No. 12JV5
Honorable Regina M. Walter, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.K., and A.K., Children,

and Concerning B.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Vogt*, J., concur

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


Court of Appeals No. 13CA0933
Pueblo County District Court No. 12JV341
Honorable Deborah R. Eyler, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.L., M.L., and S.L., Children,

and Concerning S.L.,

Respondent-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. 13CA0963
Mesa County District Court No. 13JV1
Honorable Thomas M. Deister, Judge
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.F., T.K., and T.F., Children,

and Concerning U.F.,

Respondent-Appellant.

ORDERS AFFIRMED

Division A
Opinion by JUDGE VOGT*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA0972
El Paso County District Court No. 10JV881
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.H. and T.H., Children, and Concerning T.H. and P.H.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE BERNARD
Webb and Dunn, JJ., concur

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


Court of Appeals No. 13CA1020
Larimer County District Court No. 12JV114
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Y.B., F.B., and C.B. Children, and Concerning F.B. and R.M.,

Respondents-Appellants.

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. 13CA1066
Adams County District Court No. 12JV104
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.E.T., a Child,

and Concerning A.L.T.,

Respondent-Appellant.

JUDGMENT 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. 13CA1099
Industrial Claim Appeals Office of the State of Colorado DD No. 5352-2013

Paula L. Wood,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Stellar Senior Living LLC,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1103
La Plata County District Court No. 13CR139
Honorable William L. Herringer, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Jeffery Rey Gallegos,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA1150
Industrial Claim Appeals Office of the State of Colorado DD No. 6694-2013

Brenda L. Robbins,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Peas in a Pod, LLC,

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA0180

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asim Abdullah,

Defendant-Appellant.

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 || October 24, 2013

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