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Colorado Court of Appeals Opinions || February 13, 2014

Colorado Court of Appeals -- February 13, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.12CA0004
Pueblo County District Court No. 10CR1368
Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Farouk Nagi,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Dunn, J., concurs
Lichtenstein, J., dissents


Court of Appeals No.13CA0517
Grand County District Court No. 12CV132
Honorable Mary C. Hoak, Judge

Salynda E. Fleury, individually, on behalf of Indyka Norris and Sage Norris, and as surviving spouse of Christopher H. Norris,

Plaintiff-Appellant,

v.

IntraWest Winter Park Operations Corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Navarro, J., concurs
J. Jones, J., dissents


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1701
El Paso County District Court No. 09CR1716
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Camillo Carl Girardi,

Defendant-Appellant.

SENTENCE AFFIRMED

Division III
Opinion by JUDGE DAILEY
Terry and Miller, JJ., concur

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


Court of Appeals No. 09CA2434
Adams County District Court No. 96CR2164
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Joseph Rueb,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE J. JONES
Fox and Navarro, JJ., concur

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


Court of Appeals No. 11CA0220
Arapahoe County District Court No. 10CR451
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Howard William Moore,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0434
Douglas County District Court No. 98CR264
Honorable Nancy A. Hopf, Judge
Honorable Scott W. Lawrence, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathan Gayle Ybanez,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE VOGT*
Hawthorne and Gabriel, JJ., concur

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


Court of Appeals No. 11CA0963
Weld County District Court No. 09CR1332
Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Charles Norton,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE MILLER
Dailey and Terry, JJ., concur

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


Court of Appeals No. 11CA1133
Arapahoe County District Court No. 10CR1919
Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Archie Lamar Hines,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Gabriel, JJ., concur

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


Court of Appeals No. 11CA1518
Douglas County District Court No. 09CR72
Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Ronald Studdard, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE NIETO*
Loeb, C.J., and Vogt*, J., concur

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


Court of Appeals No. 11CA2228
Adams County District Court No. 04CR2928
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lawrence Samuel Lopez,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 11CA2513
Jefferson County District Court No. 10CR3123
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark L. Madden,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE GABRIEL
Hawthorne and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA0854
Boulder County District Court Nos. 10CR237 & 10CR242
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Largo Constantine Mitchell,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
J. Jones and Fox, JJ., concur

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


Court of Appeals No. 12CA0977
City and County of Denver District Court No. 08CR5932
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald L. Aragon,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Gabriel, JJ., concur

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


Court of Appeals No. 12CA1462
City and County of Denver District Court No. 11CV6022
Honorable Ann B. Frick, Judge

Willie H. Acker,

Plaintiff-Appellee,

v.

A.D. Grayson Investment, Inc., a Colorado corporation; and Alfred D. Grayson,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE DAILEY
Terry and Miller, JJ., concur

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


Court of Appeals No. 12CA1544
Las Animas County District Court No. 10CR120
Honorable Leslie J. Gerbracht, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harold R. Martin,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE MILLER
Dailey and Terry, JJ., concur

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


Court of Appeals No. 12CA217
Larimer County District Court Nos. 10CR653 & 11CR737
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Severo Lombardo, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2209
Douglas County District Court No. 11CV936
Honorable Paul A. King, Judge

Danvis S. Smith,

Plaintiff-Appellant,

v.

State Farm Mutual Automobile Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 12CA2232
Douglas County District Court No. 97DR141
Honorable Christopher C. Cross,
Judge Honorable Vincent R. White, Judge

In re the Marriage of

Julie D. Jones, f/k/a Julie D. Schmitt,

Appellee,

and

James D. Schmitt,

Appellant.

APPEAL DISMISSED

Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 12CA2246
Jefferson County District Court No. 11CV3094
Honorable Christopher J. Munch, Judge

Stacy Giffin,

Plaintiff-Appellant,

v.

David L. Miller, d/b/a Shady Brook Apartments,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
J. Jones and Fox, JJ., concur

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


Court of Appeals No. 12CA2280
Weld County District Court No. 11CR217
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Chacon,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Hawthorne and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA2294
Douglas County District Court No. 11CV2150
Honorable Richard B. Caschette, Judge

Donald J. Richardson and Jeanne M. Richardson,

Plaintiffs-Appellants,

v.

Gary A. Marudas and Donna D. Marudas,

Defendants-Appellees.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA2636
City and County of Denver District Court No. 94DR1304
Honorable William D. Robbins, Judge

In re the Marriage of

Jena Kay Soward Dickey,

Appellee,

and

Gary Donald Dickey,

Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE MILLER
Dailey and Terry, JJ., concur

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


Court of Appeals No. 12CA2642
Eagle County District Court No. 11DR251
Honorable R. Thomas Moorhead, Judge

In re the Marriage of

Charles W. Sepmeier,

Appellee,

and

Linnea Hayda,

Appellant.

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

Division VI
Opinion by JUDGE GABRIEL
Hawthorne and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA0139
Jefferson County District Court No. 11CV4128
Honorable Philip J. McNulty, Judge

Geoffrey R. Bailey and Kendall A. Bailey,

Plaintiff-Appellants,

v.

Gregory Douglas Koss,

Defendant-Appellee.

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

Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Gabriel, JJ., concur

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


Court of Appeals No. 13CA0143
Boulder County District Court No. 04CR257
Honorable Roxanne Bailin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dustin Edward McDaniel,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by CHIEF JUDGE LOEB
Nieto* and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0263
Industrial Claim Appeals Office of the State of Colorado
DD 25288-2012

Sharon L. Moss,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Poudre Valley Health Care, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0431
City and County of Denver District Court No. 12CV5705
Honorable Michael A. Martinez, Judge

Anderado Construction Corporation,

Plaintiff-Appellant,

v.

Denver Transit Constructors, LLC,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0450
Jefferson County District Court No. 12CV3044
Honorable Tamara S. Russell, Judge

Stephanie Mellema,

Plaintiff-Appellant,

v.

Intervention, d/b/a Intervention Community Corrections Services,

Defendant-Appellee.

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

Division IV
Opinion by JUDGE BOORAS
Román, J., concurs
Webb, J., concurs in part and dissents in part

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


Court of Appeals No. 13CA1313
City and County of Denver Juvenile Court No. 10JV967
Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.T., a Child,

and Concerning S.R. and A.S.G.,

Respondents-Appellants.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1388
Industrial Claim Appeals Office of the State of Colorado
DD No. 11007-2013

Timothy C. Romero,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and RMS Rigging, LLC,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1462
Industrial Claim Appeals Office of the State of Colorado
DD No. 8414-2013

Christina L. Wilhelm,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Porter Care Adventist Health System,

Respondents.

ORDER 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. 13CA1587
Industrial Claim Appeals Office of the State of Colorado
DD No. 11609-2013

Natural Nutrition, LLC, d/b/a GNC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Katrina M. Blake,

Respondents.

ORDER 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. 13CA1640
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-882-047-01

Shiman Chu LLC, d/b/a/ No Coast Sushi; and Truck Insurance Exchange, Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado; and Meghan Bromirski,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1754
Industrial Claim Appeals Office of the State of Colorado
DD No. 5358-2013

Anthony R. Loloff,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Premium Panels, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1889
Douglas County District Court No. 12JV136
Honorable James F. Macrum, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.V.G., a Child,

and Concerning S.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA0680

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dwight Cornelius Robinson,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1725

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rosten Lee Clark,

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 || February 13, 2014

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