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Colorado Court of Appeals Opinions || March 27, 2014

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

PUBLISHED OPINIONS

Court of Appeals No.10CA1793
Mesa County District Court No. 09CR1144
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald K. Firm,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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


Court of Appeals No.10CA1989
Arapahoe County District Court No. 04CR3080
Honorable Michael J. Spear, Judge
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Matthew Cook,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.11CA1806
Weld County District Court No. 09CR2187
Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory Lynn Trammell,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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


Court of Appeals No.11CA1954
Jefferson County District Court No. 10CR2727
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dallas Cardenas,

Defendant-Appellant.

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

Division V
Opinion by JUDGE BERNARD
Graham, J., concurs
Berger, J., specially concurs


Court of Appeals No.12CA0784
Phillips County District Court No. 11CR9
Honorable Charles M. Hobbs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gib Dale Becker,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals Nos.12CA2312 & 12CA2316 
Jefferson County District Court No. 11CV3207
Honorable Margie L. Enquist, Judge

Ryan Ranch Community Association, Inc.,

Plaintiff-Appellee,

v.

John E. Kelley, Kelly D. Kelley, Rick Zimmerman, and Lora Zimmerman,

Defendants-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE CASEBOLT
Ashby, J., concurs
Terry, J., dissents


Court of Appeals No.12CA2637
Alamosa County District Court No. 12CV38
Honorable Pattie P. Swift, Judge

The Estate of Steven Wayne Bleck, by Joanna Churchill, Personal Representative for Steven Bleck, deceased,

Plaintiff-Appellee,

v.

Jeffrey A. Martinez,

Defendant-Appellant.

APPEAL DISMISSED

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


Court of Appeals No.13CA0182
Teller County District Court No. 10CV359
Honorable Edward S. Colt, Judge

David Jehly and Peggy Jehly,

Plaintiffs-Appellants,

v.

Allen Brown,

Defendant-Appellee.

JUDGMENT AFFIRMED

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


Court of Appeals Nos.13CA0211 & 13CA0751 
Arapahoe County District Court No. 07CV1793
Honorable Charles M. Pratt, Judge

Marin Metropolitan District,

Appellee,

and

Colorado Bondshares – Tax-Exempt Fund,

Intervenor-Appellee,

v.

Landmark Towers Association, Inc., a Colorado nonprofit corporation, by EWP-GV, LLC, as Receiver for 7677 East Berry Avenue Associates, LP, its Declarant,

Intervenor-Appellant.

ORDERS AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 08CA2527
City and County of Denver District Court No. 07CR4923
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Sydney Preston,

Defendant-Appellant.

JUDGMENT AND 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. 10CA2014
Jefferson County District Court Nos. 98CR497 & 98CR498
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Joe Garcia,

Defendant-Appellant.

ORDERS 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. 11CA0317
City and County of Denver District Court No. 09CV532
Honorable Morris B. Hoffman, Judge

Thomas J. Vessels, Personal Representative of the Estate of Mary Walsh Vessels, a/k/a Mary Agnes Vessels,

Plaintiff-Appellant,

v.

Alva J. Hickerson, a/k/a Al J. Hickerson,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE BERNARD
Loeb, C.J., and Lichtenstein, J., concur

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


Court of Appeals No. 11CA0957
Arapahoe County District Court No. 10CR687
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephan Franzke,

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. 11CA1483
City and County of Denver District Court No. 10CR782
Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy Aaron Sandoval,

Defendant-Appellant.

JUDGMENT 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. 11CA2079
El Paso County District Court No. 09CR1846
Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Billel White-Alston,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division III
Opinion by JUDGE ROY*
Dailey and Gabriel, JJ., concur

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


Court of Appeals No. 11CA2277
Arapahoe County District Court No. 02CR1533
Honorable Elizabeth Beebe Volz, Judge

Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Haki Muhammad, a/k/a Cory Sandle,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
Fox, J., concurs
J. Jones, J., specially concurs

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


Court of Appeals No. 12CA0301
Kit Carson County District Court No. 10CR55
Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lawrence Thompson,

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. 12CA0903
Mesa County District Court No. 10CR523
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott A. Tyrrell

Defendant-Appellant.

JUDGMENTS AND SENTENCES 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. 12CA1727
La Plata County District Court Nos. 10CV19 & 10CV100019
Honorable David L. Dickinson, Judge

Rivergate Loft Partners, LLC, a Colorado limited liability company,

Plaintiff-Appellant and Cross-Appellee,

and

Okland Construction Company, Inc., a Utah corporation,

Cross-Appellee,

v.

Bituminous Casualty Corporation,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED, ORDER REVERSED,
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. 12CA1951
City and County of Denver District Court No. 08CR525
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald Cooper,

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. 12CA2237
City and County of Denver District Court No. 11CV4910
Honorable Herbert L. Stern, III, Judge

Randy Hoyle,

Plaintiff-Appellee,

v.

1967 Inc., d/b/a Bushwackers Saloon,

Defendant-Appellant.

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. 12CA2360
Jefferson County District Court No. 11CR336
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Guillermo Contreras,

Defendant-Appellant.

ORDERS 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. 12CA2445
Jefferson County District Court No. 98CR1019
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Archie R. Steinhour,

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. 12CA2568
City and County of Denver District Court No. 06CR7513
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Lee Glaser,

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. 12CA2621
Jefferson County District Court No. 04CR2447
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Loren Turley,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE STERNBERG*
Loeb, C.J. and Roy*, JJ., concur

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


Court of Appeals No. 13CA0145
El Paso County District Court No. 00CR1004
Honorable Maria R. Prudek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Charles Field,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0191
Douglas County District Court No. 10DR1435
Honorable Michael J. Spear, Judge

In re the Parental Responsibilities of T.D.L., a Child,

and Concerning Steven Smith and Tara J. Loeks,

Appellees,

and

Peggy A. Gallo-Loeks and Roy D. Loeks, Jr.,

Intervenors-Appellants.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0505
Boulder County District Court No. 11CV960
Honorable Maria E. Berkenkotter, Judge

Dufford & Brown, P.C.,

Appellant,

v.

Ralph Gregory; Intelligent Office System, LLC; and The Intelligent Office, Inc., a/k/a D-Metro,

Defendants-Appellees.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0537
Summit County of District Court No. 08DR39
Honorable Mark D. Thompson, Judge

In re the Marriage of Neill Curtis Slack,

Appellant,

and

Carol Lynn Kresge,

Appellee.

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

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

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


Court of Appeals No. 13CA0706
El Paso County District Court No. 12CR1960
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Alexander Edwards,

Defendant-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. 13CA0869
El Paso County District Court No. 12CV4527
Honorable David L. Shakes, Judge

Martin L. Lager,

Plaintiff-Appellant,

v.

Amy S. Levi; Jeffrey A. Weston; John B. Ciccolella; Ciccolella & Weston, P.C.; and Ciccolella Family Law, P.C.,

Defendants-Appellees.

ORDERS 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. 13CA1002
Mesa County District Court No. 12CV4216
Honorable Valerie J. Robison, Judge

Shonda Lawson,

Plaintiff-Appellee,

v.

Pamela Workman,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1184
El Paso County District Court No. 10DR3640
Honorable William B. Bain, Judge

In re the Parental Responsibilities of T.B., a Child,

and Concerning Marsha Bow,

Appellee,

and

El Paso County Child Support Enforcement Unit,

Intervenor,

and

Dennis Bow,

Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1255
Arapahoe County District Court No. 08DR2529
Honorable Carlos A. Samour, Jr., Judge

In re the Marriage of

David Weddle,

Appellee,

and

Prendergast & Associates, P.C.,

Attorney-Appellee,

and Concerning Robin Weddle,

Appellant,

and

David Worstell,

Attorney-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA1504
El Paso County District Court No. 07DR3983
Honorable David S. Prince, Judge
Honorable Marla R. Prudek, Judge

Honorable Evelyn H. Sullivan, Magistrate

In re the Marriage of

John Benjamin Leyba,

Appellee,

and

Chandra Leyba,

Appellant.

APPEAL DISMISSED IN PART AND ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1521
Montrose County District Court No. 13JV50
Honorable James W. Schum, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.S. and N.S., Children,

and Concerning T.Y.S.,

Respondent-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. 13CA1564
Mesa County District Court No. 12JV214
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.W., a Child,

and Concerning D.G.,

Respondent-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. 13CA1748
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-891-495

Western States Fire Protection/API Group, Inc. and Ace American Insurance Company,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Paul Olsen,

Respondents.

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. 13CA1935
Fremont County District Court No. 11JV80
Honorable Stephen A. Groome, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.V. and J.L., Children,

and Concerning A.V.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1936
Adams County District Court No. 12JV171
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.D., A.H., and S.S., Children,

and Concerning A.D.,

Respondent-Appellant.

JUDGMENT 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. 13CA2093
Yuma County District Court No. 12JV11
Honorable Charles M. Hobbs, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.S.,

Respondent-Appellant.

JUDGMENT 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. 13CA2137
Industrial Claim Appeals Office of the State of Colorado
DD No. 10015-2013

Steven L. Rice,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA1738

In re the Marriage of

Loretta L. Johnson,

Appellee,

and

David A. Johnson,

Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 09CA0559

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Tindale Collins,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.09CA2409

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward Peter Conyac,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 12CA0588

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kirk Cornell Hurd,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1491

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. 12CA2207

Ray W. Hein Family Trust and Ray W. Hein Family Investment Company,

Plaintiffs-Appellants,

v.

KB Home Colorado, Inc. and Loveland Aspen Knolls, LLC,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0090

Debra Seebauer,

Plaintiff-Appellee,

v.

William F. Chinnock,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0538

In re the Marriage of

Nancy L. Dorsey,

Appellant,

and

John Dorsey,

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 || March 27, 2014

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