Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Court of Appeals Opinions || February 6, 2014

Colorado Court of Appeals -- February 6, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 08CA1738
Douglas County District Court No. 05DR342
Honorable Angela R. Arkin, Judge

In re the Marriage of

Loretta L. Johnson,

Appellee,

and

David A. Johnson,

Appellant.

ORDERS VACATED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Furman and Dunn, JJ., concur

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


Court of Appeals No. 09CA2146
Adams County District Court No. 08CR2562
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eddie Deshawn Harper,

Defendant-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. 09CA2779
El Paso County District Court No. 07CR4470
Honorable Larry Edward Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Eugene Labonte,

Defendant-Appellant.

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

Division I
Opinion by JUDGE DUNN
Taubman and Furman, JJ., concur

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


Court of Appeals No. 10CA1350
City and County of Denver District Court No. 09CR1162
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Jesse Roybal,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE DUNN
Taubman and Furman, JJ., concur

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


Court of Appeals No. 10CA1947
Adams County District Court No. 09CR1435
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Joseph Boney,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Bernard and Nieto, JJ., concur

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


Court of Appeals No. 10CA2248
City and County of Denver District Court No. 09CR3459
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Arthur Allen,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA243
Weld County District Court No. 05CR2394
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Rodriguez,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE NEY*
Graham and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA1076
El Paso County District Court No. 10CR2598
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lopez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE GRAHAM
Bernard and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1519
Jefferson County District Court No. 10CR1334
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Fernando Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE BERNARD
Graham and Nieto*, JJ., concur

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


Court of Appeals No. 11CA1556
Douglas County District Court No. 09CR674
Honorable Donald W. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kraig Allen Massey,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE ROMÁN
Webb and Booras, JJ., concur

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


ourt of Appeals No. 11CA2324
Larimer County District Court No. 07CR1912
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephen Accomando,

Defendant-Appellant.

ORDERS AFFIRMED

Division V
Opinion by JUDGE NIETO*
Graham and Bernard, JJ., concur

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


Court of Appeals No. 12CA0627
Larimer County District Court No. 11CR772
Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terance Dejuan Wilson,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE BOORAS
Webb and Román, JJ., concur

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


Court of Appeals No. 12CA0984
Douglas County District Court No. 09CR671
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kory Adam Massey,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE ROMÁN
Webb and Booras, JJ., concur

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


Court of Appeals No. 12CA098
Weld County District Court No. 06CR1813
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Mauricio Zamora,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE RICHMAN
Casebolt and Ashby, JJ., concur

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


Court of Appeals No. 12CA1044
Arapahoe County District Court No. 00CR1529
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Wheels,

Defendant-Appellant.

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

Division III
Opinion by JUDGE TERRY
Dailey and Miller, JJ., concur

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


Court of Appeals No. 12CA1374
Arapahoe County District Court No. 10CR1927
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Lee Carter,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2250
Board of Assessment Appeals Nos. 60196 & 60960

Quebec Village Partners,

Petitioner-Appellee,

v.

Arapahoe County Board of Equalization,

Respondent-Appellant,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE FURMAN
Taubman and Dunn, JJ., concur

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


Court of Appeals No. 12CA2355
Eagle County District Court No. 12CV854
Honorable Frederick W. Gannett, Judge

Spring Park Ventures, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

Spring Park Meadows Association, a Colorado nonprofit corporation,

Defendant-Appellant.

RULING APPROVED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE NIETO*
Graham and Bernard, JJ., concur

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


Court of Appeals No. 12CA2579
Board of Assessment Appeals Nos. 60205 & 60966

OBK Aurora LLC,

Petitioner-Appellee,

v.

Arapahoe County Board of Equalization,

Respondent-Appellant,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE FURMAN
Taubman and Dunn, JJ., concur

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


Court of Appeals No. 12CA2580
Board of Assessment Appeals Nos. 60202 & 60968

Meadowbrook Falls LP,

Petitioner-Appellee,

v.

Arapahoe County Board of Equalization,

Respondent-Appellant,

and

Board of Assessment Appeals,

Appellee.

ORDER AFFIRMED

Division I
Opinion by JUDGE FURMAN
Taubman and Dunn, JJ., concur

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


Court of Appeals No. 13CA0004
City and County of Denver District Court No. 12CV2234
Honorable Herbert L. Stern, III, Judge

Phil Garcia,

Plaintiff-Appellant,

v.

Viking Insurance Company of Wisconsin, d/b/a Sentry Insurance,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division A
Opinion by CHIEF JUDGE LOEB
Plank* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0164
Mineral County District Court Nos. 12CV2 & 12DR585
Honorable Martin A. Gonzales, Judge

Cynthia Youmans, as Personal Representative of the Estate of Cynthia A. Neely, f/k/a Cynthia A. Dickerson,

Plaintiff-Appellant and Cross-Appellee,

v.

Chester H. Nash, as Personal Representative of the Estate of Lawrence Allen Dickerson,

Defendant-Appellee and Cross-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0310
Industrial Claim Appeals Office of the State of Colorado
DD No. 16961-2012

Prescott Group, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Meghan S. Buchanan,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0415
Jefferson County District Court No. 12CV3332
Honorable Dennis Hall, Judge

Joseph J. Canfora; Merit Cripple Creek, LLC; and Merit Management LP,

Plaintiffs-Appellants

v.

John A. Schaffer,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0423
Custer County District Court No. 11CV29
Honorable Robert Freeman, Magistrate

Nancy Shaydak,

Plaintiff-Appellant,

v.

Lighthouse Helpline and Pregnancy Center, a nonprofit organization,

Defendant-Appellee.

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

Division IV
Opinion by JUDGE WEBB
Román and Booras, JJ., concur

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


Court of Appeals No. 13CA0516
Industrial Claim Appeals Office of the State of Colorado
DD No. 15057-2011

JBWSK, Inc., d/b/a Weaver Electric,

Petitioner,

v.

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

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE BERNARD
Graham and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0830
City and County of Denver District Court No. 07CR10233
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julian R. Garcia-Gutierrez,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE ROY*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA1532
Adams County District Court No. 07CR2195
Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Theodore Ramone Herrera,

Defendant-Appellee.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FOX
J. Jones and Navarro, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA2175
City and County of Denver District Court No. 10CV2155
Honorable Sheila A. Rappaport, Judge

Bank of America, National Association, as Successor by Merger to Lasalle Bank NA as Trustee for Washington Mutual Mortgage Pass-Through Certificates Wmalt Series 2007-OC2 Trust,

Plaintiff-Appellant,

v.

Beauvallon Condominium Association, Inc.; Bill Hoff; John Dagostino; Leaf LLC; Keystone East LLC; and Sheriff of Denver County-Alvin Lacabe, Jr.

Defendants-Appellees.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1683

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Henry Williams; Toomey; Benevidez; Fazzino; Mary Ann Aldrich; John and Jane Doe of the Colorado Department of Corrections and Colorado Territorial Correctional Facility; and Executive Director of the Colorado Department of Corrections,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2285

Nordic Land Company,

Plaintiff-Appellant,

v.

Eagle County Assessor and Eagle County Board of Equalization,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0203

John H. James,

Plaintiff-Appellant,

v.

Director of the Colorado Department of Corrections; Warden of the CCF – South Correctional Facility; Susan Jones; Associate Warden Sean Foster; Captain Lisac; Lieutenant Angela Tidemann; Lieutenant Pratt; Lieutenant Kirk, Sergeant Pacino; and Dennis Burbank,

Defendants-Appellees.

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 || February 6, 2014

Back