Search



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


Colorado Court of Appeals Opinions || April 3, 2014

Colorado Court of Appeals -- April 3, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1246
Adams County District Court No. 07CR3593
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane Matthew Hotton,

Defendant-Appellant.

JUDGMENT AND SENTENCES 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. 10CA0238
Jefferson County District Court No. 09CR512
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Jerome Beasley,

Defendant-Appellant.

APPEAL DISMISSED

Division I
Opinion by JUDGE TAUBMAN
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 10CA0331
Jefferson County District Court No. 08CR2453
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yonas Assefa Mesfin,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE VOGT*
Taubman and Sternberg*, JJ., concur

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


Court of Appeals No. 10CA1208
Fremont County District Court No. 93CR120
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Clarence Elmer Hassler, Jr.,

Defendant-Appellant.

ORDER 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. 10CA1351
City and County of Denver District Court No. 08CR2085
Honorable Michael A. Martinez, Judge
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Ray Muldrew,

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. 10CA1380
Arapahoe County District Court No. 09CR226
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrance Jaquane Harris,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART
AND REVERSED IN PART, 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. 10CA1990
Adams County District Court No. 09CR3078
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Marquez-Montes,

Defendant-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. 10CA2365
Jefferson County District Court No. 09CR1205
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Orlando Angelo Nieto, Sr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA0955
Adams County District Court No. 10CR1637
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Armando Cervantes Contreras,

Defendant-Appellant.

SENTENCES VACATED AND CASE
REMANDED WITH DIRECTIONS

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. 11CA1140
Weld County District Court No. 09CR2183
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Georgia Watson,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1864
Larimer County District Court No. 10CR963
Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barbara Ann Nelson,

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. 11CA2284
Arapahoe County District Court No. 05CR3826
Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hector Manuel Castillo,

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. 11CA2370
Logan County District Court No. 08CR210
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Roy Wederski,

Defendant-Appellant.

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. 11CA2594
El Paso County District Court No. 11CR178
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler James Groce,

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. 12CA0397
Jefferson County District Court No. 09CR3041
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James K. Sack,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0835
Douglas County District Court No. 07CR256
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Murray Douglas Sallenbach,

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. 12CA1380
Fremont County District Court No. 11CR247
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Cochran,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 12CA1837
Larimer County District Court No. 07CR1468
Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Clinton Malachi Bynum,

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. 12CA1921
El Paso County District Court No. 11CR3926
Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Joseph Hawkins,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Sternberg* and Vogt*, JJ., concur

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


Court of Appeals No. 12CA1933
Mesa County District Court No. 01CR250
Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter E. Gomez,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE VOGT*
Taubman and Sternberg*, JJ., concur

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


Court of Appeals No. 12CA2139
Jefferson County District Court No. 11CR3216
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lisa Dawn Strauch,

Defendant-Appellant.

SENTENCE AND 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. 12CA2179
Moffat County District Court No. 12CR76
Honorable Michael A. O’Hara, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bernard John Malburg,

Defendant-Appellant.

JUDGMENT AND 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. 13CA0135
Boulder County District Court No. 07DR1444
Honorable Patrick D. Butler, Judge

In re the Marriage of

Elaine Iatridis, n/k/a Elaine Lyria Pascal,

Appellee,

and

Asimakis Iatridis,

Appellant.

ORDER 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. 13CA0357
Crowley County District Court No. 12CR14
Honorable Scott B. Epstein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE STERNBERG*
Taubman and Vogt*, JJ., concur

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


Court of Appeals No. 13CA0429
Washington County District Court No. 03CR25
Honorable Charles M. Hobbs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sergio Valencia, a/k/a Cesar A. Holguin,

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. 13CA0615
Mesa County District Court No. 90CR75
Honorable David A. Bottger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick L. Brenner,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0637
Archuleta County District Court No. 12CR10
Honorable Gregory G. Lyman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nathan Patrick Diver,

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. 13CA0678
Jefferson County District Court No. 11CR2430
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keith Nick Ruiz,

Defendant-Appellant.

APPEAL DISMISSED

Division I
Opinion by JUDGE VOGT*
Taubman and Sternberg*, JJ., concur

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


Court of Appeals No. 13CA0729
City and County of Denver District Court No. 08CR3965
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Louis C. Ortega,

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. 13CA1144
Boulder County District Court No. 08DR124
Honorable D.D. Mallard, Judge

In re the Marriage of

Ginger Owens, n/k/a Ginger Morrison,

Appellant,

and

Timothy Jack Owens,

Appellee.

APPEAL DISMISSED IN PART, JUDGMENT REVERSED IN PART,
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. 13CA1673
El Paso County District Court No. 97CR2521
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Richard Wilson,

Defendant-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. 13CA1962
Jefferson County District Court No. 12JV908
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning B.T.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 12CA0166

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter Cory Jones,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1910

Optimus Corporation, a Colorado corporation,

Plaintiff-Appellee,

v.

Synergetics Incorporated, a Colorado corporation,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2587

In re the Estate of Sanford Vance, deceased.

Dana Robinson,

Appellant,

v.

Marcie R. McMinimee, Special Administrator for the Estate of Sanford Vance, for the deceased Personal Representative, Carl Vance,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA1391

Dan Moynihan,

Petitioner,

v.

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

Respondents.

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 || April 3, 2014

Back