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Colorado Court of Appeals Opinions || May 22, 2014

Colorado Court of Appeals -- May 22, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.11CA1071
Boulder County District Court No. 10CR392
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Noah Ray Thomas,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


Court of Appeals No.11CA2033
Arapahoe County District Court No. 09CR1013
Honorable Gerald J. Rafferty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick Sean Bridges,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.11CA2612
Adams County District Court No. 06CR3637
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Adan Desantiago,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA2551
Arapahoe County District Court No. 12CV17
Honorable Charles M. Pratt, Judge

Margarita Madrigal, individually and as next friend to, M.M., R.M.M., and J.M., minor children,

Plaintiffs-Appellants,

v.

City of Aurora; and Juan Guzman, in his official capacity as Records Clerk for the City of Aurora,

Defendants-Appellees.

ORDER AFFIRMED

Division VII
Opinion by JUDGE NAVARRO
J. Jones and Fox, JJ., concur


Court of Appeals No.13CA0940
Jefferson County District Court No. 12JR29
Honorable Ann Gail Meinster, Judge

In re the Petition of R.A.M.,

Respondent-Appellant,

for the adoption of B.G.B., a Child,

and Concerning Creative Adoptions, Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE ROMÁN
Webb and Booras, JJ., concur


Court of Appeals No.13CA1023
Fremont County District Court No. 12CV236
Honorable Stephen A. Groome, Judge

James R. Dawson, Jr.,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA1185
City and County of Denver District Court No. 11CV5532
Honorable R. Michael Mullins, Judge

Arnold A. Calderon,

Plaintiff-Appellant,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
J. Jones and Ashby, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0538
Douglas County District Court No. 09CR82
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donte Charles Louie,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Dailey and Berger, JJ., concur

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


Court of Appeals No. 10CA2099
Arapahoe County District Court No. 92CR969
Honorable Elizabeth A. Weishaupl, Judge
Honorable Deanna E. Hickman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gordon Raymond Reuell, II,

Defendant-Appellant.

ORDER REVERSED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS

Division V
Opinion by JUDGE HAWTHORNE
J. Jones and Ashby, JJ., concur

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


Court of Appeals No. 11CA0479
Jefferson County District Court No. 09CR2750
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marci Carrillo,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE TERRY
Lichtenstein and Rothenberg*, JJ., concur

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


Court of Appeals No. 11CA0659
Mesa County District Court No. 95CR501
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Edward Butler,

Defendant-Appellant.

ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE GRAHAM
Fox and Dunn, JJ., concur

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


Court of Appeals No. 11CA0663
El Paso County District Court No. 10CR1056
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Antonio McComb,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Román and Richman, JJ., concur

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


Court of Appeals No. 11CA0855
Jefferson County District Court No. 07CR3247
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Heriberto Martinez-Lopez,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE DUNN
Graham and Fox, JJ., concur

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


Court of Appeals No. 11CA1800
Mesa County District Court No. 10CR1411
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Ray Prescott,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE ROMÁN
Richman and Booras, JJ., concur

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


Court of Appeals No. 11CA1867
Weld County District Court Nos. 10CR1062, 10CR1063, 10CA1064, 10CR1065, 10CR1066 & 10CR1080
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Dean Holiman,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE LICHTENSTEIN
Furman and Terry, JJ., concur

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


Court of Appeals No. 11CA2100
City and County of Denver District Court No. 08CR5807
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dexter Harris,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division I
Opinion by JUDGE ROY
Graham and Berger, JJ., concur

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


Court of Appeals No. 12CA0010
City and County of Denver County District Court No. 10CR2494
Honorable Kenneth M. Laff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adawnous Donnil Henry,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE J. JONES
Hawthorne and Ashby, JJ., concur

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


Court of Appeals No. 12CA0312
El Paso County District Court No. 99CR3726
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Richard Herrera,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Román and Richman, JJ., concur

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


Court of Appeals No. 12CA1245
Jefferson County District Court No. 06CR2980
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ryan Derrick Martin,

Defendant-Appellant.

ORDER AFFIRMED

Division III
Opinion by JUDGE WEBB
Gabriel and Miller, JJ., concur

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


Court of Appeals No. 12CA1350
City and County of Denver District Court No. 94CR3441
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Earl David Hines,

Defendant-Appellant.

ORDER AFFIRMED

Division IV
Opinion by JUDGE FOX
Graham and Dunn, JJ., concur

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


Court of Appeals No. 12CA1594
Jefferson County District Court No. 11CR2952
Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Landon Jay McDonald,

Defendant-Appellant.

SENTENCES AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Webb and Miller, JJ., concur
 

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


Court of Appeals No. 12CA2075
Adams County District Court No. 94CR1635
Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Edwards McDaniels,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE FOX
Graham and Dunn, JJ., concur

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


Court of Appeals No. 12CA2392
City and County of Denver District Court No. 10CV9674
Honorable Edward D. Bronfin, Judge

Angela C. Hardy,

Plaintiff-Appellant,

v.

Denver Public Schools, a Colorado school district; Andre Pettigrew; and Tom Boasberg,

Defendants-Appellees.

ORDERS AND JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Fox and Dunn, JJ., concur

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


Court of Appeals No. 12CA2629
City and County of Denver District Court No. 11CR4290
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Meagan K. Seymour,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE ASHBY
Hawthorne and J. Jones, JJ., concur

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


Court of Appeals No. 13CA0148
Arapahoe County District Court No. 01CR1229
Honorable James F. Macrum, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sammy Martinez Rodriguez Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE TERRY
Furman and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA0154
Fremont County District Court No. 12CV160
Honorable Stephen A. Groome, Judge

Craig Robledo-Valdez,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I
Opinion by CHIEF JUDGE LOEB
Kapelke* and Nieto*, JJ., concur

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


Court of Appeals No. 13CA0224
Gilpin County District Court No. 12CR72
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Harvey Rosier,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Román and Richman, JJ., concur

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


Court of Appeals No. 13CA0335
Kit Carson County District Court No. 11CR49
Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Seth Aron Ebright,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE LICHTENSTEIN
Furman and Terry, JJ., concur

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


Court of Appeals No. 13CA0530
Larimer County District Court No. 12CR88
Honorable Stephen J. Schapanski, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fidel Hernandez Zamora,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE DUNN
Graham and Fox, JJ., concur

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


Court of Appeals No. 13CA0776
Yuma County District Court No. 07DR12
Honorable Michael K. Singer, Judge

In re the Marriage of

Larry Gilliland,

Appellee,

and

Heather Gilliland, n/k/a Heather Akins,

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. 13CA0846
Arapahoe County District Court No. 12CV774
Honorable J. Mark Hannen, Judge

Birsen Romero,

Plaintiff-Appellant,

v.

Izzet P. Gunbil,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt and Dailey, JJ., concur

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


Court of Appeals No. 13CA1147
Colorado State Personnel Board No. 2012B131
 

Arthur Robinson,

Petitioner-Appellant,

v.

University of Colorado Denver, Information Technology Services,

Respondent-Appellee,

and

State Personnel Board,

Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VI
Opinion by JUDGE ROMÁN
Richman and Booras, JJ., concur

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


Court of Appeals No. 13CA1162
City and County of Denver District Court No. 87CR74
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

George L. Leslie,

Defendant-Appellant.

ORDERS AFFIRMED IN PART, APPEAL DISMISSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE MILLER
Webb and Gabriel, JJ., concur

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


Court of Appeals No. 13CA2029
Arapahoe County District Court No. 11CR2628
Honorable F. Stephen Collins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Lee Greene,

Defendant-Appellant.

SENTENCE AFFIRMED

Division V
Opinion by JUDGE J. JONES
Hawthorne and Ashby, JJ., concur

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


Court of Appeals No. 13CA2031
Arapahoe County District Court No. 12JV978
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.M.C. and J.K.C., Children,

and Concerning J.E.C. and B.K.C.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE NIETO*
Loeb, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 13CA2056
Industrial Claim Appeals Office of the State of Colorado
DD No. 13772-2013

Todd G. Lindsay,

Petitioner,

v.

Industrial Claims Appeals Office of the State of Colorado and Denver Commercial Property Services, d/b/a SM Sweeping Company,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE GRAHAM
Fox and Dunn, JJ., concur

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


Court of Appeals No. 13CA2176
City and County of Denver Juvenile Court No. 08JV2939
Honorable Donna Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.A.N., a/k/a L.A.C., a Child,

and Concerning L.M.B.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE WEBB
Miller and Márquez*, JJ., concur

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


Court of Appeals No. 13CA2205
Arapahoe County District Court No. 12JV263
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C., C.C., and C.C., Children,

and Concerning V.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE DAILEY
Casebolt and Berger, JJ., concur

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


Court of Appeals No. 13CA2359
El Paso County District Court No. 12JV2378
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.K.M-B., a Child,

and Concerning L.B.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt and Dailey, JJ., concur

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


Court of Appeals No. 14CA0008
El Paso County District Court No. 12JV2378
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.K.M-B., a Child,

and Concerning K.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt and Dailey, JJ., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA1380

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrance Jaquane Harris,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0225

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.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0239

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Latham James Jennings,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0439

In re the Marriage of

Angela D. Armstrong,

Appellant,

and

Gregory L. Armstrong,

Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1428

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

Plaintiff-Appellee,

v.

Gavin Kaszynski,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2225

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arlus Daniel, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.13CA0239

C. Randel Lewis, solely in his capacity as Receiver,

Plaintiff-Appellee and Cross-Appellant,

v.

Steve Taylor,

Defendant-Appellant and Cross-Appellee.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 13CA1293

In re the Marriage of

Christopher Nels Osher,

Appellee,

and

Maria Alicia Lorca Veras,

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 || May 22, 2014

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