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Colorado Court of Appeals Opinions || March 6, 2014

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

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0584
Arapahoe County District Court No. 08CR2163
Honorable Carlos A. Samour, Jr., Judge

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pablo Alberto Puga Lozano,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 10CA0955
La Plata County District Court No. 08CV288
Honorable Jeffrey R. Wilson, Judge

17 West Mill St., LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Floyd L. Smith, Dennis Shaw, and First Horizon Home Loan Corporation,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur

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


Court of Appeals No. 10CA2363
Arapahoe County District Court No. 09CR1627
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Misteer Antonio Monroe Greene,

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. 11CA0114
Jefferson County District Court No. 06CR712
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Lee Cordle,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0225
El Paso County District Court No. 10CR108
Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnny Maurice Melton,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE GRAHAM
Bernard, J., concurs
Berger, J., concurs in part and dissents in part

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


Court of Appeals No. 11CA0565
Arapahoe County District Court Nos. 06CR1262, 06CR3542 & 07CR1085
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kelly Shaunn Clark,

Defendant-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. 11CA0913
Larimer County District Court No. 10CR227
Honorable Terence A. Gilmore, Judge
Honorable Kenneth M. Plotz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shoan Luke,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1459
Arapahoe County District Court No. 05CR2119
Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Ples Hunt,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 12CA0012
Adams County District Court No. 10CR1096
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Israel Delao-Gonzales,

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. 12CA0166
El Paso County District Court No. 08CR4363
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter Cory Jones,

Defendant-Appellant.

ORDER AFFIRMED IN PART
AND APPEAL DISMISSED IN PART

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

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


Court of Appeals No. 12CA0241
Alamosa District Court No. 85CR48
Honorable Pattie P. Swift, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stanley Topping,

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. 12CA0336
Garfield County District Court No. 10CR333
Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timmy Paul Johnson,

Defendant-Appellant.

JUDGMENT 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. 12CA0629
Moffat County District Court No. 10CR165
Honorable Shelley Ann Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ron L. Logan,

Defendant-Appellant.

JUDGMENT 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. 12CA1153
Boulder County District Court No. 11DR140
Honorable John N. McMullen, Judge

In re the Marriage of

Amanda June Born,

Appellee,

and

Stewart Kraneck Born,

Appellant.

JUDGMENT VACATED, ORDERS AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE GRAHAM
Bernard and Berger, JJ., concur

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


Court of Appeals No. 12CA1603
Adams County District Court No. 10CR2659
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Vialpando,

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. 12CA1663
Grant County District Court No. 03CR21
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey S. Nielsen,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1676
Pueblo County District Court No. 11CR1619
Honorable Richard V. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Martinez,

Defendant-Appellant.

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. 12CA1781
Weld County District Court No. 09CR959
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Trevor Brooks,

Defendant-Appellee.

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. 12CA1910
Larimer County District Court No. 07CV1103
Honorable Julie K. Field, Judge

Optimus Corporation, a Colorado corporation,

Plaintiff-Appellee,

v.

Synergetics Incorporated, a Colorado corporation,

Defendant-Appellant.

JUDGMENT 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. 12CA2011
Board of Assessment Appeals No. 59247

Mark S. Van Damme and Linda L. Wilson-Van Damme,

Petitioners-Appellants,

v.

Jefferson County Board of Equalization,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

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. 12CA2090
El Paso County District Court No. 10CR2722
Honorable Barbara L. Hughes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony David Swindle,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2225
Larimer County District Court No. 05CR384
Honorable Devin R. Odell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arlus Daniel, Jr.,

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. 12CA2421
Crowley County District Court No. 11CV54
Honorable Scott B. Epstein, Judge

Andrew Solazzo, Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility,

Defendants-Appellees.

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. 12CA2647
El Paso County District Court No. 07CR2300
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawne Alexander Toney,

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. 13CA0073
Eagle County District Court No. 12CV559
Honorable Russell H. Granger, Judge

R. Kirk McDonald,

Plaintiff-Appellant,

v.

Fox Run Meadows Homeowners Association,

Defendant-Appellee.

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. 13CA0329
City and County of Denver District Court No. 11CV8723
Honorable Michael A. Martinez, Judge

Community Banks of Colorado, a Division of Bank Midwest, N.A., n/k/a NBH Bank, N.A.,

Plaintiff-Appellant,

v.

Cordes & Company, a Colorado corporation, as Receiver for Guaranty Enterprises, Inc. and Omni Hospital Services, LLC,

Defendant-Appellee.

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. 13CA0348
Washington County District Court No. 12CV19
Honorable Michael K. Singer, Judge

Bradley Shrock,

Plaintiff-Appellee,

v.

April Arnold,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0363
Jefferson County District Court No. 06DR1474
Honorable Dennis J. Hall, Judge

In re the Marriage of

Elizabeth Thoreson, f/k/a Fritsche,

Appellee,

and

Robert D. Fritsche,

Appellant.

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. 13CA0574
Boulder County District Court No. 12CV765
Honorable Maria E. Berkenkotter, Judge

Australia Unlimited, Inc., a Washington corporation,

Plaintiff-Appellant,

v.

Crocs, Inc., a Colorado corporation,

Defendant-Appellee.

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. 13CA0667
Sedgwick County District Court No. 08DR13
Honorable Charles M. Hobbs, Judge

In re the Marriage of

Jennifer Sue Deam,

Appellee,

and

Aaron K. Nein,

Appellant.

ORDER 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. 13CA0692
Fremont County District Court No. 11CV216
Honorable Stephen A. Groome, Judge

James M. Bertolo,

Plaintiff-Appellant,

v.

Executive Director of Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility,

Defendants-Appellees.

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. 13CA0696
Douglas County District Court No. 07DR304
Honorable Angela R. Arkin, Judge

In re Parental Responsibilities Concerning D.N.R. and J.R., Children,

and Concerning Lyudmila Rohr,

Appellee,

and

Daniel Neal Rohr, Jr.,

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. 13CA0767
Adams County District Court No. 12JA85
Honorable F. Michael Goodbee, Judge

In re the Petition of S.P.N.,

Petitioner-Appellee,

for the Adoption of M.A.V., a Child,

and Concerning I.V.,

Respondent-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. 13CA0781
Arapahoe County District Court No. 11CV2564
Honorable Kurt A. Horton, Judge

Michael A. Collins,

Plaintiff-Appellant,

v.

United Resource Systems, Inc.,

Defendant-Appellee.

ORDER 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. 13CA0829
Adams County District Court No. 00CR2397
Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Bernard Farrell,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE BERGER
Graham and Roy*, JJ., concur

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


Court of Appeals No. 13CA0899
Industrial Claim Appeals Office of the State of Colorado
DD No. 27036-2012

Ideal Auto Body, Inc.,

Petitioner,

v.

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

Respondents.

ORDER 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. 13CA1550
Arapahoe County District Court No. 12JV1007
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning L.N.,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS  FOR REHEARING

Court of Appeals No. 10CA1947

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Joseph Boney,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1838

In re the Marriage of

Julie L. Rose-Boelsterli,

Appellee,

and

James Davis,

Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1855

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Eugene Schmittel,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1984

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Joseph Taylor,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2613

Joyce Reno, in her official capacity as Chaffee County Clerk and Recorder,

Petitioner-Appellee,

v.

Marilyn Marks,

Respondent-Appellant.

Petition for Rehearing DENIED
Dunn, J., would GRANT


* 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 || March 6, 2014

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