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Colorado Court of Appeals Opinions || April 24, 2014

Colorado Court of Appeals -- April 24, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.09CA1351
Arapahoe County District Court No. 06CR636
Honorable Gerald J. Rafferty, Judge
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Lee Lane,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Loeb, C.J., and Kapelke*, J., concur


Court of Appeals No.09CA2717
City and County of Denver District Court No. 08CR479
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leo J. Cisneros,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV
Opinion by JUDGE BOORAS
Román, J., concurs
Webb, J., concurs in part and dissents in part


Court of Appeals No.10CA2488
Adams County District Court No. 09CR2476
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marvin Lee Richardson,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.11CA1456
Jefferson County District Court No. 10CR1060
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anton Paul Dutton,

Defendant-Appellant.

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

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


Court of Appeals No.12CA0430
Arapahoe County District Court No. 05CR1945
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Franklin Alfred Notyce,

Defendant-Appellant.

SENTENCE AFFIRMED

Division IV
Opinion by JUDGE BOORAS
Ney*, J., concurs
Webb, J., specially concurs


Court of Appeals No.12CA0801
Jefferson County District Court No. 08CR3480
Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Roy Lucero,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.12CA1664
Pueblo County District Court No. 09CR1585
Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Louis Paglione,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA0285
City and County of Denver District Court No. 12CV37
Honorable Ann B. Frick, Judge

Qwest Corporation,

Plaintiff-Appellant,

v.

City of Northglenn, Colorado, a home rule city; and City of Thornton, Colorado, a home rule city,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FOX
Navarro, J., concurs
J. Jones, J., dissents


Court of Appeals No.13CA0750
Jefferson County District Court No. 09CR3495
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremiah Nathanial Houston,

Defendant-Appellant.

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

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


Court of Appeals No.14CA0105
Pueblo County District Court No. 14MH8
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Larry Wayne Marquardt,

Respondent-Appellant.

ORDER REVERSED

Division II
Opinion by JUDGE ASHBY
Richman, J., concurs
Casebolt, J., concurs in part and dissents in part


UNPUBLISHED OPINIONS

Court of Appeals No. 09CA1907
Jefferson County District Court No. 08CR1638
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Garry W. Martin,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, 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. 10CA2487
Jefferson County District Court No. 09CR818
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Reyes,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1282
City and County of Denver District Court No. 09CR5478
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Francisco Sanchez,

Defendant-Appellant.

JUDGMENT 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. 11CA2363
Adams County District Court No. 10CR3509
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Ramiro Paez,

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. 11CA2416
Adams County District Court No. 10CR876
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Mario Griego,

Defendant-Appellant.

JUDGMENT AFFIRMED 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. 12CA0104
Weld County District Court No. 02CR263
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Wayne Evans,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by CHIEF JUDGE LOEB
Sternberg* and Márquez*, JJ., concur

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


Court of Appeals No. 12CA0439
Clear Creek County District Court No. 08DR16
Honorable Russell H. Granger, Judge

In re the Marriage of

Angela D. Armstrong,

Appellant,

and

Gregory L. Armstrong,

Appellee.

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. 12CA1137
Fremont County District Court No. 08CR122
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Dean Hamilton,

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. 12CA1428
Weld County District Court No. 12CV219
Honorable Dinsmore Tuttle, Judge

K2D, Inc., a Colorado corporation, d/b/a Colorado Premium Foods,

Plaintiff-Appellee,

v.

Gavin Kaszynski,

Defendant-Appellant.

ORDER REVERSED, JUDGMENT VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division II
Opinion by JUDGE ROTHENBERG*
Casebolt and Terry, JJ., concur

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


Court of Appeals No. 12CA2020
Douglas County District Court No. 05DR817
Honorable Angela R. Arkin, Judge

In re the Marriage of

Jennifer Papilion, n/k/a Jennifer Brigham,

Appellee,

and

John Papilion,

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. 12CA2319
El Paso County District Court No. 11CV447
Honorable Larry E. Schwartz, Judge

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Doug Roberts,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2549
City and County of Denver District Court No. 05CR0309
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Woodward,

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. 12CA2650
Teller County District Court No. 12CV197
Honorable Edward S. Colt, Judge

U.S. Bank National Association, as Trustee for RAMP 2005EFC2,

Plaintiff-Appellee,

v.

Regina M. Holder,

Defendant-Appellant.

JUDGMENT AND ORDERS 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. 13CA0144
Weld County District Court Nos. 09CR1136, 09CR1137 & 09CR1138
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alfred L. Montano,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE STERNBERG*
Loeb, C.J. and Márquez*, J., concur

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


Court of Appeals No. 13CA0379
Arapahoe County District Court No. 06CR2074
Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marquell Lamont Terrell,

Defendant-Appellant.

ORDER AFFIRMED AND APPEAL DISMISSED IN PART

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

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


Court of Appeals No. 13CA0403
Arapahoe County District Court No. 08DR3257
Honorable Theresa M. Slade, Judge

In re the Marriage of

Gary D. Anderson,

Appellant,

and

Tamara S. Burkey,

Appellee.

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. 13CA0586
Adams County District Court No. 00CR638
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Lee Wilkinson,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE MÁRQUEZ*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 13CA0907
Colorado State Board of Assessment Appeals No. 59454
Presiding Judges Diane M. Devries and Amy J. Williams

William L. Coyle,

Petitioner-Appellant,

v.

Colorado State Board of Assessment Appeals, Douglas County Board of Equalization, Douglas County Assessor’s Office, Teri Cox, as Douglas County Assessor, and Virginia Wood, as an employee of Douglas County Assessor’s Office,

Respondents-Appellees.

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. 13CA1125
City and County of Denver District Court Nos. 01CR4599 & 02CR1491
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ralph Nunn,

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. 13CA1292
City and County of Denver Juvenile Court No. 12JD1090
Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.L.,

Juvenile-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1973
Weld County District Court No. 11JV957
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner,

In the Interest of E.R., a Child,

and Concerning J.B.,

Respondent-Appellant,

and

C.R.,

Respondent-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2032
Prowers County District Court No. 12JV46
Honorable Stanley A. Brinkley, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.P., D.P., and X.P., Children,

and Concerning R.T.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2125
Rio Grande County District Court No. 13JV10
Honorable Scott B. Epstein, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.S., a Child,

and Concerning E.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2206
Mesa County District Court No. 12JV210
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA0172

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darren Roman,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1005

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adelbert Bassford,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA2178

The People of the State of Colorado,

Plaintiff-Appellee, v.

David Richard Cain, Defendant-Appellant.

Petition for Rehearing DENIED  
Berger, J., would GRANT IN PART

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


Court of Appeals No. 12CA2294

Donald J. Richardson and Jeanne M. Richardson,

Plaintiffs-Appellants,

v.

Gary A. Marudas and Donna D. Marudas,

Defendants-Appellees.

Petition for Rehearing filed by the Defendants-Appellees DENIED
Webb, J., would GRANT

Petition for Rehearing filed by the Plaintiffs-Appellants DENIED
 
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)


Court of Appeals No. 13CA0135

In re the Marriage of

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

Appellee,

and

Asimakis Iatridis,

Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA1893

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning K.W., a/k/a K.C.,

Respondent-Appellant.

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 24, 2014

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