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Colorado Court of Appeals Opinions || December 5, 2013

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

PUBLISHED OPINIONS

Court of Appeals No.08CA1701
Arapahoe County District Court No. 07CR2790
Honorable Thomas C. Levi, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruben Perez-Hernandez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE CARPARELLI
Terry and Plank*, JJ., concur


Court of Appeals No.09CA0593
Jefferson County District Court No. 07CR697
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Anthony Tunis,

Defendant-Appellant.

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

Division V
Opinion by JUDGE WEBB
Loeb, C.J., and Plank*, J., concur

Prior Opinion Announced August 2, 2012, WITHDRAWN


Court of Appeals No.11CA1460

Arapahoe County District Court No. 10CR1316
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,
Plaintiff-Appellee,

v.

Bradley Raymond Clemens,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Dunn, J., concurs
Bernard, J., concurs in part and dissents in part


Court of Appeals No.12CA0453

Pitkin County District Court No. 10CV38
Honorable Denise K. Lynch, Judge

Commercial Research, LLC,

Plaintiff-Appellee,

v.

Gary S. Roup,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE J. JONES
Graham, J., concurs
Terry, J., dissents


Court of Appeals No.12CA1014

City and County of Denver District Court No. 10CV9515
Honorable Ann B. Frick, Judge

John Van Rees, Sr. d/b/a Exquisite Crystals.com,

Plaintiff-Appellant,

v.

Unleaded Software, Inc., a/k/a The Unleaded Group,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


Court of Appeals No.12CA1582

El Paso County District Court No. 10CR3960
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

John Hargrove,

Defendant-Appellee.

SENTENCE REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA1912
City and County of Denver Probate Court Nos. 96PR401, 96PR100401, & 11PR2267
Honorable Elizabeth D. Leith, Judge

In re the Estate of Sheldon K. Beren, deceased.

Miriam Beren,

Plaintiff-Appellee

and

Robert M. Goodyear, Jr., in his capacity as Liquidating Trustee of the Beren Estate Residuary Trust and the David I. Beren Subtrust thereof,

Garnishee-Appellee, v.

David Beren,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA2008
Board of Assessment Appeals No. 58250

Roaring Fork Club, LLC,

Petitioner-Appellant,

v.

Pitkin County Board of Equalization,

Respondent-Appellee,

and

Board of Assessment Appeals, State of Colorado,

Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA2463
City and County of Denver District Court No. 11CV2546
Honorable Ann B. Frick, Judge

Regional Transportation District, a political subdivision of the State of Colorado,

Petitioner-Appellant, v.

750 West 48th Ave, LLC,

Respondent-Appellee.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA2593
El Paso County District Court No. 12CV306
Honorable Thomas K. Kane, Judge

Roger McCarville,

Plaintiff-Appellant,

v.

City of Colorado Springs,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA0342

Logan County District Court Nos. 11DR107 & 12JV42
Honorable Charles M. Hobbs, Judge

In re the Parental Responsibilities of A.R.L., a Child,

and Concerning Elizabeth Limberis,

Appellant,

and

Sabrina Havens,

Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH INSTRUCTIONS

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


Court of Appeals No.13CA0847
Logan County District Court No. 12JV81
Honorable Charles M. Hobbs, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.G.C., a Child,

and Concerning J.C.H.,

Respondent-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA1795
El Paso County District Court No. 09CR4051
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cordero Tramon Collins,

Defendant-Appellant.

JUDGMENT 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. 11CA0618
Rio Grande County District Court No. 10CR57
Honorable O. John Kuenhold, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Nathan Valdez,

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. 11CA0887
Jefferson County District Court No. 10CR622
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Gregory Clay Gordon,

Defendant-Appellant.

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. 11CA0911
Weld County District Court No. 10CR981
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Falko Bartsch,

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. 11CA1641
Jefferson County District Court No. 10CR591
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

Michael Alan Milos,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA1764
City and County of Denver District Court No. 08CR4467
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric B. Tinsley,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1966
Pueblo County District Court No. 11CV419
Honorable Victor I. Reyes, Judge

Randolph Graham,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

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. 11CA2433
City and County of Denver District Court No. 04CR2929
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Plancarte,

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. 12CA0602
Adams County District Court No. 10CV1174
Honorable C. Scott Crabtree, Judge

Anthony Hurtado,

Plaintiff-Appellant,

v.

John Person and Janie Person,

Defendants-Appellees.

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. 12CA0623
Arapahoe County District Court No. 07CR3300
Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leonard McGill, III,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1122
City and County of Denver District Court No. 11CR2612
Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tevon D. Thomas,

Defendant-Appellant.

JUDGMENT 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. 12CA1550
City and County of Denver District Court No. 07CR776
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Cordova,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1567
Douglas County District Court No. 01CR384
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wade Scott Cole,

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. 12CA1911
Boulder County District Court No. 09CV258
Honorable Lisa Hamilton-Feldman, Magistrate

Cathy Cantor,

Plaintiff-Appellant,

v.

Three Peaks Medical, LLC and Tina Warner,

Defendants-Appellees.

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

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

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


Court of Appeals No. 12CA2056
City and County of Denver District Court No. 11CV2519
Honorable Michael A. Martinez, Judge

Michael D. Curran and Accurate Tool Grinding, LLC,

Plaintiffs-Appellees,

v.

Gennie Shifter LLC and Matthew Gold,

Defendants-Appellants.

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. 12CA2086
Logan County District Court No. 11CV158
Honorable Douglas R. Vannoy, Judge

Marco A. Rocha

Plaintiff-Appellant.

v.

Executive Director of the Colorado Department of Corrections and Warden of Sterling Correctional Facility

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA2416
Larimer County District Court No. 11CR1163
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ernie Jermaine Savannah,

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. 12CA2426
City and County of Denver District Court No. 10CV5767
Honorable R. Michael Mullins, Judge

Prudencia Maldonado; Julio Chairez; Elizabeth Chairez; D.G., by and through her guardian ad litem Elizabeth Chairez; Angelica Chairez; Jose Isabel Chairez; and Alfredo Chairez,

Plaintiffs-Appellants,

v.

Comco Manufacturing Limited and Community Electric, LTD,

Defendants-Appellees.

JUDGMENT AND 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. 12CA2446
Pitkin County District Court No. 11CV299
Honorable Gail H. Nichols, Judge

Kathryn Koch,

Petitioner-Appellee,

v.

Marilyn Marks,

Respondent-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA2515
El Paso County District Court No. 08CV3227
Honorable Thomas K. Kane, Judge

Cherry Creek Springs Homeowner’s Association, Inc.,

Plaintiff-Appellee,

v.

David A. Holly and Lori A. Holly,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2561
Pueblo County District Court No. 12DR862
Honorable Clinton A. Smith, Magistrate

In re the Marriage of

Tina Louise Kilgore,

Appellee,

and

Michael James Kilgore,

Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2659
Adams County District Court No. 12CV969
Honorable Robert W. Kiesnowski, Judge

Cynthia Pinkey,

Plaintiff-Appellant,

v.

Adams County Sheriff, John Doe, and Jane Doe,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0459
Arapahoe County District Court No. 08DR1546
Honorable Michelle A. Amico, Judge

In re the Marriage of

Diane P. Hunter,

Appellant,

and

Robert B. Hunter,

Appellee.

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. 13CA0766
Larimer County District Court No. 12JV131
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.F., a Child,

and Concerning R.M.,

Respondent-Appellant.

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. 13CA1030
Weld County District Court No. 11JV584
Honorable J. Robert Lowenbach, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.H., a Child,

and Concerning J.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1154
Weld County District Court No. 12JV11
Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.J., a Child,

and Concerning R.J.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0791

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Arturo Medrano-Bustamante,

Defendant-Appellant.

Petition for Rehearing DENIED
Webb, J., would GRANT


Court of Appeals No. 11CA1890

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steve K. Gordon,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1262

In re the Marriage of

Carl Roberts,

Appellant,

and

Joni Roberts,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2229

Akeem A. Makeen,

Plaintiff-Appellant,

v.

Teresa Hailey,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.13CA1203

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Gabriel Vivekanathan,

Respondent-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No.13CA1390

The Triple Crown at Observatory Village Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellant, v.

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

Defendants-Appellees.

Opinion Modified and

Petition for Rehearing DENIED


* 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 || December 5, 2013

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