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Colorado Court of Appeals Opinions || May 29, 2014

Colorado Court of Appeals -- May 29, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No.10CA0999
Mesa County District Court No. 08CR1346
Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Allen Lee Grabe,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Navarro and Roy*, JJ., concur

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


Court of Appeals No. 10CA1946
Adams County District Court No. 09CR391
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Michael Taylor,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 10CA1987
Jefferson County District Court No. 09CR2154
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kalani Opana,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division VII
Opinion by JUDGE FURMAN
Terry and Lichtenstein, JJ., concur

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


Court of Appeals No. 11CA0018
Arapahoe County District Court No. 07CR3472
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Ariel Hightower,

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. 11CA0218
City and County of Denver District Court Nos. 09CR803, 09CR1155, & 09CR1156
Honorable Michael A. Martinez, Judge
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Byron Kyle Gay,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE NAVARRO
Taubman and Roy*, JJ., concur

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


Court of Appeals Nos. 11CA0338 & 11CA0349
Pitkin County District Court No. 09CR33
Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dandy Lee Vickery,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE RICHMAN
Román and Booras, JJ., concur

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


Court of Appeals No. 11CA0478
Jefferson County District Court No. 10CR181
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Humphrey Lydell Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 12CA0105
Weld County District Court No. 11CR149
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terry Wayne Evans,

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. 12CA0605
Weld County District Court Nos. 01CV473 & 05CV1774
Honorable Daniel S. Maus, Judge

B&B 2nd Mortgage and High Pointe, LLC,

Plaintiffs-Appellees,

v.

Terry D. Hamilton,

Defendant-Appellant,

and

Sharon Hamilton,

Third-Party Defendant-Appellant.

---------------------------------------------------AND---------------------------------------------------

Court of Appeals No. 12CA0606
Weld County District Court No. 09CV625
Honorable Daniel S. Maus, Judge

Terry D. Hamilton,

Petitioner-Appellant,

v.

B&B Ventures, LLC, Bernard C. Mayes, and Eugene H. Barker,

Respondents-Appellees.

JUDGMENTS AFFIRMED

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

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


Court of Appeals No. 12CA0783
Weld County District Court No. 11CR1183
Honorable Todd L. Taylor, Judge
Honorable Kenneth M. Plotz, Judges

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Raisley,

Defendant-Appellant.

JUDGMENT 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. 12CA0902
City and County of Denver District Court No. 10CR10162
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Eugene Swisher,

Defendant-Appellant.

SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS

Division I
Opinion by JUDGE TAUBMAN
Navarro and Kapelke*, JJ., concur

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


Court of Appeals No. 12CA1084
City and County of Denver District Court No. 86CR2134
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lawrence P. Handy,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Terry and Lichtenstein, JJ., concur

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


Court of Appeals No. 12CA1606
Boulder County District Court No. 11CR939
Honorable James C. Klein, Judge
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Karen Sue Stevens,

Defendant-Appellant.

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

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

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


Court of Appeals No. 12CA2176
Jefferson County District Court No. 05CR4230
Honorable Christopher C. Zenisek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Rios,

Defendant-Appellant.

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

Division VI
Opinion by JUDGE RICHMAN
Román and Booras, JJ., concur

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


Court of Appeals No. 12CA2498
Adams County District Court No. 11CR1252
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julio Cesar Reyes,

Defendant-Appellant.

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

Division I
Opinion by JUDGE NAVARRO
Taubman and Roy*, JJ., concur

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


Court of Appeals No. 13CA0142
Jefferson County Court No. 91CR341
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Wayne Freeman,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0281
City and County of Denver District Court No. 11CV1620
Honorable Robert L. McGahey, Judge

National Servicing and Administration LLC, a Minnesota limited liability company,

Plaintiff-Appellant and Cross-Appellee,

v.

Land Title Guarantee Company, a Colorado corporation,

Defendant-Appellee and Cross-Appellant.

JUDGMENT 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. 13CA0315
Lincoln County District Court No. 12CV53
Honorable Jeffrey K. Holmes, Judge

Lewis R. Moore,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE FURMAN
Terry and Lichtenstein, JJ., concur

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


Court of Appeals No. 13CA0529
City and County of Denver Juvenile Court No. 10JA454
Honorable Karen M. Ashby, Judge
Honorable Howard Bartlett, Magistrate

In the Matter of the Petition of K.A.C., n/k/a K.A.P.,

Petitioner-Appellant,

and Concerning the People of the State of Colorado,

Respondent-Appellee.

APPEAL DISMISSED

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

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


Court of Appeals No. 13CA0558
Arapahoe County District Court No. 10CV632
Honorable J. Mark Hannen, Judge

Fiore & Sons, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

W.O. Danielson Construction Company, LTD,

Defendant-Appellant and Cross-Appellee.

JUDGMENT 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. 13CA0617
El Paso County District Court No. 09CR1098
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone Duante Small,

Defendant-Appellant.

ORDER AFFIRMED

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. 13CA0621
Adams County District Court No. 11CR994
Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adilene Rodriguez-Ibanez,

Defendant-Appellant.

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. 13CA0640
Arapahoe County District Court No. 11CR2253
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barue Gutierrez-Solis,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI
Opinion by JUDGE RICHMAN
Román and Booras, JJ., concur

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


Court of Appeals No. 13CA0660
Weld County District Court No. 11DR949
Honorable Elizabeth B. Strobel, Judge

In re the Marriage of

Kelly Libhart,

Appellee,

and

Jason Libhart,

Appellant.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE RICHMAN
Román and Booras, JJ., concur

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


Court of Appeals No. 13CA0966
City and County of Denver District Court No. 98CR769
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harold Smith,

Defendant-Appellant.

ORDER AFFIRMED

Division I
Opinion by JUDGE NAVARRO
Taubman and Roy*, JJ., concur

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


Court of Appeals No. 13CA1112
Moffat County District Court No. 02CR41
Honorable Michael A. O’Hara, III, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Julius C. Herrera, Jr.,

Defendant-Appellee.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA1140
Arapahoe County District Court No. 09DR2625
Honorable Theresa M. Slade, Judge

In re the Support of E.A.D., A.S.D., and M.D.D., Children,

and Concerning Melissa Miranda Dominguez, n/k/a Melissa Cuevas Alvarez,

Appellant,

and

Arapahoe County Department of Human Services,

Intervenor-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1168
Jefferson County District Court No. 06JV1130
Honorable Ann Gail Meinster, Judge
Honorable Andrew T. Fitzgerald, Judge

In re the Parental Responsibilities of G.A.N.S., a Child,

and Concerning Jefferson County Department of Human Services,

Petitioner,

and

M.S.S.,

Petitioner-Appellee,

and

B.A.S.,

Respondent-Appellant.

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

Division II
Opinion by CHIEF JUDGE LOEB
Sternberg* and Plank*, JJ., concur

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


Court of Appeals No. 13CA1243
City and County of Denver District Court No. 05CR955
Honorable Michael J. Vallejos, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warren T. Deegan, a/k/a Richard Sanchez,

Defendant-Appellant.

ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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. 13CA1452
Industrial Claim Appeals Office of the State of Colorado
DD No. 2996-2013

Colorado State Department of Human Services,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Robert R. Greenheck,

Respondents.

ORDER 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. 13CA1655
Jefferson County District Court No. 12CR2759
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Henry Carl Martillaro,

Defendant-Appellant.

SENTENCE AFFIRMED

Division I
Opinion by JUDGE KAPELKE*
Taubman and Navarro, JJ., concur

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


Court of Appeals No. 13CA1752
Weld County District Court No. 05CR270
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alan Dean Meads,

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. 13CA2066
Jefferson County District Court No. 12JV1470
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning J.H.,

Respondent-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. 13CA2172
Douglas County District Court No. 11JV198
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Q.A.M., K.Q.M., and Y.M.M., Children,

and Concerning N.M.Q., f/k/a N.M., and E.M.,

Respondents-Appellants.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2285
Industrial Claim Appeals Office of the State of Colorado
DD No. 22739-2013

Jamela S. Mills,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Wal Mart Associates Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA2329
Adams County District Court No. 12JV316
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.O.W., a Child,

and Concerning C.W.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Plank*, J., concur

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


Court of Appeals No. 14CA0001
City and County of Denver Juvenile Court No. 13JV2
Honorable John N. McMullen, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.D.L.B., a Child,

and Concerning N.F.A.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE PLANK*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 14CA0098
Industrial Claim Appeals Office of the State of Colorado
DD No. 23846-2013

Jason S. Gould,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Quality Mechanical Systems, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0124
Industrial Claim Appeals Office of the State of Colorado
DD No. 24821-2013

David W. Bonser,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Summit Heating & Air Conditioning,

Respondents.

ORDER AFFIRMED

Division III
Webb, Gabriel, and Miller, JJ.
PER CURIAM

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


Court of Appeals No. 14CA0210
Industrial Claim Appeals Office of the State of Colorado
DD No. 21240-2013

Besima Socanski,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Emeritus Corporation,

Respondents.

ORDER 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. 14CA0219
Industrial Claim Appeals Office of the State of Colorado
DD No. 23064-2013

Guadalupe Garcia,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools, d/b/a Denver School District #1,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0467
Pueblo County District Court No. 14MH76
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Donald G. Ashing,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA1351

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Lee Lane,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA0955

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Armando Cervantes Contreras,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA0801

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Roy Lucero,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 12CA1300

In re the Parental Responsibilities Concerning D.J.B., Jr., a Child,

and Concerning M.B.S.,

Appellee,

and

D.J.B., Sr.,

Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2319

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Doug Roberts,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2445

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Archie R. Steinhour,

Defendant-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 29, 2014

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