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Colorado Court of Appeals Opinions || February 27, 2014

Colorado Court of Appeals -- February 27, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals Nos.11CA1853 & 11CA1881
City and County of Denver District Court No. 08CV1047
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Leonid Shifrin, a/k/a Leo Shifrin,

Defendant-Appellant,

and

Mark Shifrin,

Defendant and Cross-Appellee.

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

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


Court of Appeals No.12CA1005
City and County of Denver District Court Nos. 02CR5043 & 03CR4422
Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adelbert Bassford,

Defendant-Appellant.

SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.13CA0094
City and County of Denver District Court No. 10CV4123
Honorable Robert L. McGahey, Jr., Judge

Shigo, LLC, a Colorado limited liability company; George Shipp; Victoria Shipp; and Trent Production Company Money Purchase Pension Plan and Trust,

Plaintiffs-Appellees,

v.

Mary Ann Hocker,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FOX
Sternberg*, J., concurs
Booras, J., dissents


Court of Appeals No.13CA0188
City and County of Denver District Court No. 12CV2214
Honorable Robert S. Hyatt, Judge

Colorado Airport Parking, LLC, d/b/a USAirport Parking; Green Park Denver, LLC; and CFS 2907 Denver, LLC, d/b/a The Parking Spot,

Plaintiffs-Appellants,

v.

Department of Aviation of The City and County of Denver; and Kim Day, in her capacity as Manager of Aviation,

Defendants-Appellees.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE RICHMAN
Graham and Navarro, JJ., concur

OPINION PREVIOUSLY ANNOUNCED AS “NOT PUBLISHED PURSUANT TO
C.A.R. 35(f)” ON DECEMBER 19, 2013, IS NOW SELECTED FOR PUBLICATION


Court of Appeals No.13CA0280
Larimer County District Court No. 12CV1374
Honorable Daniel J. Kaup, Judge

Heather Foster,

Plaintiff-Appellee,

v.

The Board of Governors of the Colorado State University System, by and on behalf of Colorado State University,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.13CA0538
City and County of Denver District Court No. 05DR2959
Honorable Shelley I. Gilman, Judge

In re the Marriage of

Nancy L. Dorsey,

Appellant,

and

John Dorsey,

Appellee.

JUDGMENT AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1308
Moffat County District Court No. 07CR104
Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Anthony Gallo,

Defendant-Appellant.

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

Division III
Opinion by JUDGE DAILEY
Miller, J., concurs
Terry, J., specially concurs

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


Court of Appeals No. 10CA0532
Adams County District Court No. 09CR596
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kara Lorelle Lounsbury,

Defendant-Appellant.

JUDGMENT 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. 10CA2243
City and County of Denver District Court No. 09CR3071
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lee Hood,

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. 11CA0472
City and County of Denver District Court No. 10CR1572
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quincy L. Wedgeworth,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE NEY*
Loeb, C.J., and Webb, J., concur

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


Court of Appeals No. 11CA0742
Adams County District Court No. 09CR2405
Honorable John T. Bryan, Judge
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ralph Jack Lovato,

Defendant-Appellant.

JUDGMENTS 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. 11CA1521
City and County of Denver District Court No. 07CR5854
Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Jarrell Daniels,

Defendant-Appellant.

JUDGMENT 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. 12CA0388
Larimer County District Court No. 10CR329
Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ivan Palacios-Miranda,

Defendant-Appellant.

JUDGMENT 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. 12CA0486
Pueblo County District Court No. 09CR1696
Honorable Deborah Eyler, Judge
Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Howard Bruce,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0588
City and County of Denver District Court No. 06CR2419
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kirk Cornell Hurd,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA0814
Larimer County District Court No. 10CV346
Honorable Stephen E. Howard, Judge

Timothy F. Kaiser and Patricia Kaiser,

Plaintiffs-Appellants,

v.

Bobbie J. Pastecki,

Defendant-Appellee.

JUDGMENT 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. 12CA1065
Arapahoe County District Court No. 90CR1305
Honorable Elizabeth B. Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alan D. Swendra,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by CHIEF JUDGE LOEB
Ney* and Roy*, JJ., concur

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


Court of Appeals No. 12CA1091
Adams County District Court No. 11CR1964
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lucero,

Defendant-Appellant.

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

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

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


Court of Appeals No. 12CA1237
El Paso County District Court No. 11CR1837
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Xeryus Georgio Casias,

Defendant-Appellant.

ORDER 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. 12CA1405
City and County of Denver District Court No. 07DR55
Honorable John W. Madden, IV, Judge

In re the Marriage of

James A. Faust,

Appellee,

and

Andrea Writer, f/k/a Andrea Faust,

Appellant.

ORDER 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. 12CA1491
Jefferson County District Court No. 05CR701
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Eugene Schmittel,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE ROY*
Loeb, C.J., and Ney*, J., concur

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


Court of Appeals No. 12CA1549
El Paso County District Court No. 06CR2371
Honorable Timothy J. Schutz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hamilton Alan Bird,

Defendant-Appellant.

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. 12CA2261
Grand County District Court No. 12CR8
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

K.M.S.,

Defendant-Appellee.

APPEAL DISMISSED IN PART AND RULINGS APPROVED

Division III
Opinion by JUDGE ROY*
Román and J. Jones, JJ., concur

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


Court of Appeals No. 13CA0040
Kit Carson County District Court No. 11CV0024
Honorable Kevin L. Hoyer, Judge

Jee Young Hwang,

Plaintiff-Appellant,

v.

Joo Chul Lee; Elizabeth Lee; and Chosun Hospitality, LLC,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0185
Weld County District Court No. 12JA44
Honorable Rebecca A. Koppes Conway, Magistrate

In re the Petition of S.R.,

Petitioner-Appellee,

for the Adoption of M.R., a Child,

and Concerning M.S.,

Respondent-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. 13CA0328
Arapahoe County District Court No. 11DR3320
Honorable William D. Robbins, Judge

In re the Parental Responsibilities of M.S.P. and M.S.P., Children,

and

Tonia Inns,

Appellee,

and Concerning Marcus Peters,

Appellant.

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. 13CA0331
Jefferson County District Court No. 11DR3020
Honorable Jack W. Berryhill, Judge

In re the Marriage of Wayne Braddock,

Appellee,

and

Lee Ann Braddock,

Appellant.

JUDGMENT 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. 13CA0344
Jefferson County District Court No. 12CR129
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Paul Douglas,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0386
Pueblo County District Court No. 11CV79
Honorable Deborah R. Eyler, Judge

Janis M. Vigil,

Plaintiff-Appellant,

v.

Bobby E. Vigil,

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. 13CA0418
City and County of Denver District Court No. 04CR1331
Honorable John W. Madden IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alex Homer Linzy,

Defendant-Appellant.

ORDER 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. 13CA0428
Boulder County District Court No. 12CV582
Honorable Maria E. Berkenkotter, Judge

Catherine E. Compton,

Plaintiff-Appellant,

v.

Mark J. Birnbach, D.M.D.,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0533
Jefferson County District Court No. 12CV3201
Honorable Lily W. Oeffler, Judge

Mark Christopher Keefer,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its Executive Director, Barbara J. Brohl,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0542
Weld County District Court No. 12JA15
Honorable Marcelo A. Kopcow, Judge

In re the Petition of S.A.,

Petitioner-Appellee,

for the Adoption of M.R. III, a Child,

and Concerning M.R. II,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by CHIEF JUDGE LOEB
Sternberg* and Kapelke*, JJ., concur

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


Court of Appeals No. 13CA0740
El Paso County District Court No. 12JA88
Honorable Barney Iuppa, Judge

In re the Petition of J.R. and C.R.,

Petitioners-Appellees,

for the Adoption of F.G., a Child,

and Concerning T.G.,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0987
Jefferson County District Court No. 12DR2970
Honorable Christopher C. Zenisek, Judge

In re the Parental Responsibilities Concerning L.P., Child,

and Concerning Mario Pachelli,

Appellant,

and

Jennifer Vitaro,

Appellee.

APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA1163
Adams County District Court No. 11JV341
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.M.D., R.D., and A.D., Children,

and Concerning P.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 13CA1391
Industrial Claim Appeals Office of the State of Colorado
DD No. 10147-2013

Dan Moynihan,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Rocky Mountain EMS, Inc.,

Respondents.

ORDER AFFIRMED

Division I
Opinion by JUDGE KAPELKE*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA1859
Mesa County District Court No. 12JV95
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.M-E. and K.M-E., Children,

and Concerning J.O.M-E. and T.W.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE ROY*
Loeb, C.J., and Ney*, J., concur

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


PETITIONS FOR REHEARING

Court of Appeals No.12CA1712

Colorado Ethics Watch and Colorado Common Cause,

Plaintiffs-Appellees and Cross-Appellants,

and

David Paladino; Michael Cerbo; Pro-Choice Colorado PAC; PPRM Ballot Issue Committee; and Citizens for Integrity, Inc.,

Plaintiffs-Appellees,

v.

Scott Gessler, in his official capacity as Colorado Secretary of State,

Defendant-Appellant and Cross-Appellee.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 12CA2428

Taylor Morrison of Colorado, Inc. f/k/a Morrison Homes of Colorado, Inc.,

Plaintiff-Appellant,

v.

Bemas Construction, Inc. and Terracon Consultants, Inc.,

Defendants-Appellees.

Petition for Rehearing DENIED


Court of Appeals No. 12CA2656

Edward A. Clutts, a/k/a Edward Allen,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0659

Rose L. Watson Revocable Trust,

Plaintiff,

and

William D. Bontrager,

Attorney-Appellant,

v.

BP America Production Company,

Defendant-Appellee.

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 || February 27, 2014

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