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Colorado Court of Appeals Opinions || May 1, 2014

Colorado Court of Appeals -- May 1, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 09CA2432
Arapahoe County District Court No. 97CR326
Honorable Robert H. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barbara A. Freeman,

Defendant-Appellant.

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

Division V
Opinion by JUDGE TERRY
Loeb, C.J., and Román, J., concur

Prior Opinion Announced November 27, 2013, WITHDRAWN

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


Court of Appeals No. 10CA0732
Arapahoe County District Court No. 03CR702
Honorable Michael J. Spear, Judge
Honorable Donald W. Marshall, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy Dale Meyer,

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. 10CA1741
Arapahoe County District Court No. 09CR156
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Askia Abdul-Amin,

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. 10CA1877
City and County of Denver District Court No. 08CR5459
Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ahmad Elijah Clewis-Green,

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. 10CA1949
El Paso County District Court No. 09CR3540
Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Lee French,

Defendant-Appellant.

JUDGMENT REVERSED 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. 10CA2380
Eagle County District Court No. 08CV373
Honorable R. Thomas Moorhead, Judge

Gypsum Storage Development, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

W. Reed Edgel,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 11CA0425
Adams County District Court No. 05CR4054
Honorable F. Michael Goodbee, Judge
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bill Allen Maldonado, Jr.,

Defendant-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. 11CA0746
Fremont County District Court No. 09CR275
Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Breaux,

Defendant-Appellant.

JUDGMENT 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. 11CA1279
El Paso County District Court No. 10CR4540
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Derick Laquan Campbell,

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. 11CA1553
Adams County District Court Nos. 09CA1158 & 09CR2365
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Arnold Gabler,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA2180
El Paso County District Court No. 10CR4352
Honorable Ronald G. Crowder, Judge
Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Richard Salazar,

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. 11CA2230
Arapahoe County District Court No. 10CR2582
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maliek Abdul Bailey,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART
AND VACATED IN PART

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

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


Court of Appeals No. 12CA0119
Arapahoe County District Court No. 10CR179
Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dorian Paul Bagley,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division VI
Opinion by JUDGE GABRIEL
Rothenberg* and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0225
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 4-761-359, 4-762-807 & 4-793-711

April Samuels,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, KC & ME, LLC, d/b/a Blake Street Deli, State Farm Fire and Casualty Company, Deli Zone, and Hartford Casualty Insurance Company,

Respondents.

ORDER AFFIRMED

Division VI
Opinion by JUDGE ROTHENBERG*
Gabriel and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA0238
Grand County District Court No. 11CR47
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald S. Furrer,

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. 12CA0239
Douglas County District Court No. 08CR348
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Latham James Jennings,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No.12CA2131
Arapahoe County District Court No. 11CR291
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward Stacey Leensvaart,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA2243
Fremont County District Court No. 12CR38
Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keith Harmon,

Defendant-Appellant.

JUDGMENT 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. 12CA2367
Arapahoe County District Court No. 07CR2695
Honorable Marilyn L. Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tito Rodriguez-Reyes,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2376
Adams County District Court No. 10CR3479
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory Todd Jenkins,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE ROTHENBERG*
Gabriel and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA2603
El Paso County District Court No. 12CR825
Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Amone Walton Brice,

Defendant-Appellant.

JUDGMENT 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. 13CA0633
Adams County District Court No. 10CV1932
Honorable C. Scott Crabtree, Judge

Angelica Ferrer,

Plaintiff-Appellant,

v.

Michelle Delgado and Denise Smith,

Defendants-Appellees.

JUDGMENT 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. 13CA0704
Grand County District Court No. 12CR71
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremiah Helton,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0811
Fremont County District Court No. 12CV133
Honorable Stephen A. Groome, Judge

Milton Belcher,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0839
Fremont County District Court No. 12CV107
Honorable Stephen A. Groome, Judge

Kevin M. Ponis,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

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. 13CA1113
Arapahoe County District Court No. 10JD243
Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.H.,

Juvenile-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. 13CA1619
City and County of Denver District Court No. 04CR1259
Honorable A. Bruce Jones, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Zamora,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA2219
Adams County District Court No. 12JV320
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.R.B. and D.F.M., Children,

and Concerning S.J.K.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA2432

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barbara A. Freeman,

Defendant-Appellant.

Prior Opinion Announced November 27, 2013, WITHDRAWN
Petition for Rehearing GRANTED

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


Court of Appeals No. 10CA0169

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Denise Lynne Presson,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 10CA1873

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Buderus,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0109

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Zachary,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0189

In re the Marriage of

Robert L. Merkel,

Appellant,

and

Margaret M. Merkel, n/k/a Margaret M. Anderson,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals Nos. 13CA0211 & 13CA0751

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.

Petition for Rehearing DENIED


Court of Appeals No. 13CA0428

Catherine E. Compton,

Plaintiff-Appellant,

v.

Mark J. Birnbach, D.M.D.,

Defendant-Appellee.

Petition for Rehearing DENIED

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.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0870

St. John’s Baptist Church Governing Body, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellee,

v.

Willie J. Sutton, Jr.,

Defendant-Appellant.

Opinion Modified and
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 || May 1, 2014

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