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Colorado Court of Appeals Opinions || December 26, 2013

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

PUBLISHED OPINIONS

Court of Appeals No.13CA1249
City and County of Denver District Court No. 13CV32444
Honorable Herbert L. Stern, III, Judge

Friends of Denver Parks, Inc.; Renee Lewis; David Hill; Shawn Smith; John Case; Judy Case; Steve Waldstein; and Zelda Hawkins,

Plaintiffs-Appellants,

v.

City and County of Denver; Denver School District No. 1; and Debra Johnson, Clerk and Recorder for the City and County of Denver,

Defendants-Appellees.

ORDER AFFIRMED

Division A
Opinion by JUDGE BERNARD
Richman and Booras, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA0680
El Paso County District Court Nos. 07CR3289 & 07CR5390
Honorable Thomas L. Kennedy, Judge
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dwight Cornelius Robinson,

Defendant-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. 09CA0949
Garfield County District Court No. 07CR390
Honorable Denise Lynch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dana H. Head,

Defendant-Appellant.

SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE ROTHENBERG*
Furman and J. Jones, JJ., concur

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


Court of Appeals No. 11CA0011
Douglas County District Court No. 08CR109
Honorable Richard B. Caschette, Judge
Honorable Leonard P. Plank, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Keith Roberson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROTHENBERG*
Furman, J., concurs
Gabriel, J., dissents

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


Court of Appeals No. 11CA1030
Lincoln County District Court No. 01CR2
Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Thomas Ferguson,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA1179
El Paso County District Court No. 10CR1290
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Louis Edmonds,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA2449
Adams County District Court Nos. 08CR2379 & 09CR249
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Oscar Omar Orona-Hernandez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2508
Arapahoe County District Court No. 10CR1987
Honorable Michael Spear, Judge
Honorable Gerald Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lamar Dominguez,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
Kapelke*, J., concurs
Furman, J., specially concurs

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


Court of Appeals No. 12CA0631
Arapahoe County District Court No. 08CR245
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John A. Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0688
Teller County District Court No. 06CR185
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Anthony Boetger,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0951
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-384-910

Memorial Gardens and Reliance National Indemnity,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Jane McMeekin,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE FURMAN
Ney* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1322
Chaffee County District Court No. 04CR124
Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rex Neal Intchauspe,

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. 12CA1679
Jefferson County District Court No. 10DR1301
Honorable Jack W. Berryhill, Judge
Honorable Jason D. Carrithers, Judge

In re the Marriage of

Monica Lynn Vogel, n/k/a Pearson,

Appellee,

and

Maher Wadie Soliman,

Appellant.

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. 12CA2060
Fremont County District Court No. 02CR216
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ernest Domingo Martinez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2285
Eagle County District Court No. 11CV846
Honorable Frederick W. Gannett, Judge

Nordic Land Company,

Plaintiff-Appellant,

v.

Eagle County Assessor and Eagle County Board of Equalization,

Defendants-Appellees.

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. 12CA2556
Arapahoe County District Court No. 98CR2056
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Allen Mack,

Defendant-Appellant.

ORDER 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. 13CA0025
El Paso County District Court No. 12CV3205
Honorable David L. Shakes, Judge

Buena Vista Sanitation District, a Colorado Special District,

Plaintiff-Appellant,

v.

Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections, and the Colorado Department of Corrections,

Defendants-Appellees.

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

Division IV
Opinion by CHIEF JUDGE LOEB
Márquez* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0286
Boulder County District Court No. 11DR950
Honorable Patrick D. Butler, Judge

In re the Marriage of

Huiling Wang,

Appellee,

and

Chunyi Xu,

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. 13CA0513
Industrial Claim Appeals Office of the State of Colorado
DD No. 29249-2012

Dion C. Castillo,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Firehouse Copy Service Denver, LLC,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE NEY*
Furman and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0889
Logan County District Court No. 12JV14
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.J.R., a Child,

and Concerning M.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0908
El Paso County District Court No. 13JV411
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.H. and J.M., Children,

and Concerning R.M. and C.H.,

Respondents-Appellants.

ORDER AFFIRMED

Division IV
Opinion by CHIEF JUDGE LOEB
Márquez* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA1079
Larimer County District Court No. 12JV239
Honorable David Williams, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.R., a Child,

and Concerning C.M.,

Respondent,

and E.R.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1176
Industrial Claim Appeals Office of the State of Colorado
DD No. 4284-2013

Kathy L. Allen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Double Eagle Resorts, Inc.,

Respondents.

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. 13CA1272
Industrial Claim Appeals Office of the State of Colorado
DD No. 3702-2013

Automated Recovery Systems, Inc.,

Petitioner,

v.

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

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. 13CA1336
Jefferson County District Court No. 12JV811
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.G., a Child,

and Concerning M.Z.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE MÁRQUEZ*
Loeb, C.J., and Nieto*, J., concur

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


Court of Appeals No. 13CA1397
Douglas County District Court No. 11JV66
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.H., J.H., and L.H., Children,

and Concerning K.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1461
Mesa County District Court Nos. 11JV277 & 12JV69
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.R. and R.B., Children,

and Concerning B.F.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1493
Industrial Claim Appeals Office of the State of Colorado
DD No. 10529-2013

Robert H. Knowles, Jr.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Chess Incorporated,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE VOGT*
Furman and Ney*, JJ., concur

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


Court of Appeals No. 13CA1512
City and County of Denver Juvenile Court No. 12JV1424
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of O.L.M., a Child,

and Concerning K.D.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE NIETO*
Loeb, C.J., and Márquez*, J., concur

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


Court of Appeals No. 13CA1634
Industrial Claim Appeals Office of the State of Colorado
DD No. 13470-2013

Manuel Jesse Trevino, III,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and TWC Administration, LLC,

Respondents.

ORDER AFFIRMED

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

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 || December 26, 2013

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