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Colorado Court of Appeals Opinions || April 17, 2014

Colorado Court of Appeals -- April 17, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA1451
El Paso County District Court No. 09CR623
Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marc Thomas Sylvester,

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. 10CA1873
Weld County District Court No. 10CR225
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Buderus,

Defendant-Appellant.

JUDGMENT 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. 11CA0457
City and County of Denver District Court Nos. 10CR1576 & 10CR1600
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dean Carbajal,

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. 11CA1374
El Paso County District Court No. 10CR1599
Honorable Tim J. Schutz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Lee Stroud,

Defendant-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. 12CA0122
City and County of Denver District Court No. 10CR3349
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Zachery Marco Montoya,

Defendant-Appellant.

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

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. 12CA0463
Arapahoe County District Court No. 09CR2899
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Duane Eric Nicholas,

Defendant-Appellant.

JUDGMENT AND SENTENCED 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. 12CA0633
Weld County District Court No. 10CR1781
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon M. McKay,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA0842
Adams County District Court No. 11CR703
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy Daniel Anderson,

Defendant-Appellant.

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. 12CA0894
Jefferson County District Court No. 11CR802
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Curtis Eugene Lewis,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 12CA0895
Jefferson County District Court No. 11CR557
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Curtis Eugene Lewis,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1174
El Paso County District Court No. 11CR2629
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Tapia,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1224
El Paso County District Court No. 10CR3288
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eldridge Lee Griffin,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1995
Summit County District Court No. 06DR6
Honorable Karen A. Romeo, Judge

In re the Marriage of

Bret Van Loan,

Appellant,

and

Morika Van Loan,

Appellee.

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. 13CA0068
Fremont County District Court No. 99CR245
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Scott Curry,

Defendant-Appellant.

SENTENCE 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. 13CA0312
Arapahoe County District Court No. 08CR1917
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asres Fikre Tolossa,

Defendant-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. 13CA0571
Arapahoe County District Court No. 10CR210
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Christian Alfonso Nava-Hernandez,

Defendant-Appellee.

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

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

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


Court of Appeals No. 13CA0679
Pueblo County District Court No. 12CR1381
Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Federico Valles,

Defendant-Appellant.

SENTENCE AFFIRMED

Division A
Opinion by CHIEF JUDGE LOEB
Ney* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0701
Arapahoe County District Court No. 05CR20
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffery David King,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0874
Montezuma County District Court No. 11DR169
Honorable Douglas S. Walker, Judge

In re the Marriage of

Silvia Pina Singleton,

Appellant,

and

Timothy George Singleton,

Appellee.

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. 13CA0894
Adams County District Court No. 12CV811
Honorable Edward C. Moss, Judge

Cliff Douglas and Maxine Levasseur,

Plaintiffs-Appellees,

v.

Joe I. Serhan and Joyce J. Serhan,

Defendants-Appellants.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division A
Opinion by CHIEF JUDGE LOEB
Ney* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA1094
Arapahoe County District Court No. 08CR463
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard S. Jones,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1233
El Paso County District Court No. 12JD280
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.B.C.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1840
Adams County District Court No. 12JV285
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.L. and O.B., Children,

and Concerning J.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2178
Industrial Claim Appeals Office of the State of Colorado
DD No. 12123-2013

Robert E. Goodson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and United States Postal Service,

Respondents.

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. 13CA2260
Industrial Claim Appeals Office of the State of Colorado
DD No. 19432-2013

Jerusalem Restaurant Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Hanan M. Ali,

Respondents.

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. 14CA0162
Pueblo County District Court No. 13MH315
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Dennis Merrell,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA1361

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald Dean Graff,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA2299

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sean Christopher Smith,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1781

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Trevor Brooks,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0073

R. Kirk McDonald,

Plaintiff-Appellant,

v.

Fox Run Meadows Homeowners Association,

Defendant-Appellee.

Petition for Rehearing DENIED

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.

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 17, 2014

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