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Colorado Court of Appeals Opinions || November 14, 2013

Colorado Court of Appeals -- November 14, 2013
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA1825
Chaffee County District Court No. 09CR45
Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Croft,

Defendant-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. 10CA2150
City and County of Denver District Court No. 08CR2673
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce Charles Mingo,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 10CA2417
Arapahoe County District Court No. 03CR755
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lorenzo Scott Sayles,

Defendant-Appellant.

ORDER 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. 11CA0112
Douglas County District Court No. 08CR73
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Scott Koblitz,

Defendant-Appellant.

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. 11CA1651
Adams County District Court No. 09CR1817
Honorable Mark Warner, Judge
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gilberto Colmenero,

Defendant-Appellant.

JUDGMENT 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. 11CA2048
Adams County District Court No. 09CR3527
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cristina Wanda Sears,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA2159
City and County of Denver District Court No. 06CR2543
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lavern Bonnie Barron,

Defendant-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. 11CA2166
City and County of Denver District Court Nos. 02CR1296 & 02CR1298
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis Peoples Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE ROY*
Webb and Booras, JJ., concur

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


Court of Appeals No. 12CA0879
Weld County District Court No. 05CR1120
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Anthony Varallo,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE KAPELKE*
Loeb, C.J., and Nieto*, J., concur

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


Court of Appeals No. 12CA1610
Adams County District Court No. 09CV1468
Honorable Donald W. Marshall, Jr., Judge

City of Northglenn, Colorado, a municipal corporation,

Plaintiff-Appellee,

v.

Integra Engineering, LLP, a Colorado limited liability partnership,

Defendant-Appellant.

JUDGMENT 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. 12CA1841
Fremont County District Court No. 11CV95
Honorable David M. Thorson, Judge

Zachary Roberts and Hannah Roberts, individually and as the parents and next friends of Jade Felthoven and Ava Roberts,

Plaintiffs-Appellants,

v.

James A. Van Riper, Jr.,

Defendant-Appellee.

JUDGMENT AND ORDER 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. 12CA2004
Adams County Juvenile Court No. 11JD569
Honorable Frederick M. Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.B.,

Juvenile-Appellant.

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. 12CA2229
City and County of Denver District Court No. 12CV2520
Honorable Herbert L. Stern, III, Judge

Akeem A. Makeen,

Plaintiff-Appellant,

v.

Teresa Hailey,

Defendant-Appellee.

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. 12CA2305
Board of Assessment Appeals No. 60527

Traer Creek Plaza LLC, a Colorado limited liability company,

Petitioner-Appellant,

v.

Eagle County Board of Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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. 12CA2390
Pitkin County District Court Nos. 10CV93 & 11CV167
Honorable Gail H. Nichols, Judge

DB Capital Holdings, LLC; Dancing Bear Development, LP; Dancing Bear Land, LLC; and Dancing Bear Management, LLC,

Plaintiffs-Appellants,

v.

Portigon AG, f/k/a WestLB AG, New York Branch,

Defendant-Appellant.

JUDGMENT AFFIRMED 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. 12CA2449
Mesa County District Court No. 07CR1858
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julian Ray Garcia-Gutierrez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2657
Arapahoe County District Court No. 10CV2174
Honorable J. Mark Hannen, Judge

Donald A. Jones and Kimarie M. Jones,

Plaintiffs-Appellees,

v.

Air Ambulance Specialists, Inc., a Colorado corporation; and Emergency Medical Services Corporation, a Delaware corporation,

Defendants-Appellants.

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. 13CA0141
Adams County District Court No. 11CV1863
Honorable Robert W. Kiesnowski, Judge

American Family Mutual Insurance Company,

Plaintiff-Appellant,

v.

Matthew Perrenoud,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0488
Office of Administrative Courts No. TA 2012-0005

Olusegun Adenowo,

Petitioner-Appellant,

v.

Denver Public School District No. 1,

Respondent-Appellee.

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. 13CA0491
Fremont County District Court No. 06DR156
Honorable Stephen A. Groome, Judge Honorable Robert Freeman, Magistrate

In re the Marriage of

Nathan Z. Wood,

Appellee,

and

Sharmilla Brantley, f/k/a Sharmilla Wood,

Appellant.

JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART

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

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


Court of Appeals No. 13CA0798
Adams County District Court No. 10JV432
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.M.L.H.,

Child-Appellant,

and Concerning J.E.H. and M.R.G.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROY*
Loeb, C.J., and Rothenberg*, J., concur

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


Court of Appeals No. 13CA1036
City and County of Denver Juvenile Court No. 12JV1563
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.L.W., a/k/a T.L.L.,

Respondent-Appellant.

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. 13CA1456
Industrial Claim Appeals Office of the State of Colorado DD No. 1582-2013

Roger Hernandez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Trinidad School District 1,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1670
Pueblo County District Court No. 13MH274
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Devin Thomas,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1127

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Montrell Vincent Watson,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2412

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eugene Marvin Smith,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 10CA2441

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Harold Schneider,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA2560

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Lee Havens,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 11CA2640

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Martha Meza-Reyes,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 12CA0621

Donald A. Jones and Kimarie M. Jones,

Plaintiffs-Appellees and Cross-Appellants,

v.

Air Ambulance Specialists, Inc., a Colorado corporation; and Emergency Medical Services Corporation, a Delaware corporation,

Defendants-Appellants and Cross-Appellees.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 12CA1794

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony E. McAfee,

Defendant-Appellant.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 12CA1804

Helen Korgan,

Plaintiff-Appellant,

v.

Wal-Mart Stores, Inc.,

Defendant-Appellee.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 12CA1866

Idaho Pacific Lumber Company, Inc.,

Plaintiff-Appellant,

v.

Celestial Land Company Limited, Garnishee,

Appellee.

Petition for Rehearing DENIED


Court of Appeals No. 12CA1890

May B. McCormick,

Petitioner and Cross-Respondent,

v.

Industrial Claim Appeals Office of the State of Colorado

Respondent,

and

Exempla Healthcare, Inc.,

Respondent and Cross-Petitioner.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 12CA2096

Roger A. Parker,

Plaintiff-Appellant,

v.

Tracinda Corporation,

Defendant-Appellee.

Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 13CA0147

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Charles Gilmore,

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 || November 14, 2013

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