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Colorado Court of Appeals Opinions || June 5, 2014

Colorado Court of Appeals -- June 5, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.09CA2208
Moffat County District Court No. 07CR159
Honorable Michael A. O’Hara, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrence Joe Hankins,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE NIETO*
Lichtenstein and Miller, JJ., concur


Court of Appeals No.10CA0105
El Paso County District Court No. 08CR4539
Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Roger Trujillo,

Defendant-Appellant.

JUDGMENT REVERSED

Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur


Court of Appeals No.11CA2440
Weld County District Court No. 86CR517
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert B. Lanari,

Defendant-Appellant.

ORDER AFFIRMED

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


Court of Appeals No.13CA0875
Garfield County District Court No. 10CV181
Honorable Daniel B. Petre, Judge

Armed Forces Bank, N.A., as successor to Bank Midwest, N.A.,

Plaintiff-Appellee,

v.

David W. Hicks and Connie F. Hicks,

Defendants-Appellants.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA0958
Weld County District Court Nos. 07CV290 & 07CV292
Honorable Daniel S. Maus, Judge

Sinclair Transportation Company, d/b/a Sinclair Pipeline Company, a Wyoming corporation,

Petitioner-Appellee,

v.

Lauren Sandberg, Kay F. Sandberg, Ivar E. Larson, and Donna M. Larson,

Respondents-Appellants.

JUDGMENT AND ORDERS AFFIRMED

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


Court of Appeals No.13CA1235
Weld County District Court No. 12CV907
Honorable Daniel S. Maus, Judge

Sinclair Transportation Company, d/b/a Sinclair Pipeline Company, a Wyoming corporation,

Plaintiff-Appellee,

v.

Lauren Sandberg, Kay F. Sandberg, Ivar E. Larson, and Donna M. Larson,

Defendants-Appellants.

ORDER AFFIRMED

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


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA2052
Adams County District Court No. 09CR1095
Honorable C. Vincent Phelps, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert D. Blanchard,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE ASHBY
Hawthorne, J., concurs
J. Jones, J., specially concurs

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


Court of Appeals No. 11CA0481
El Paso County District Court No. 09CR2759
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnathan Young, Sr.,

Defendant-Appellant.

ORDER 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. 11CA1180
El Paso County District Court No. 08CR218
Honorable Scott A. Sells, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Disher,

Defendant-Appellant.

JUDGMENT AND ORDER 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. 12CA0181
Arapahoe County District Court No. 10CR131
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dirkin Brown,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0306
Weld County District Court No. 11CR1121
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Elvitt Hardesty,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1111
El Paso County District Court No. 11CR2078
Honorable William B. Bain, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Dean Goss,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 12CA1150
Arapahoe County District Court No. 96CR1726
Honorable Kurt A. Horton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Barnum,

Defendant-Appellant.

ORDER 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. 12CA1512
Weld County District Court No. 11CR1017
Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jacob Vigil,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1617
Arapahoe County District Court No. 11CR1037
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott Andrew Duffer,

Defendant-Appellant.

JUDGMENT 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. 12CA2148
Jefferson County District Court No. 11CR629
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Marcus Sandoval,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA2171
El Paso County District Court No. 11CR4501
Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andres Hernandez,

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. 13CA0127
Jefferson County District Court No. 07CR1224
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Christopher Lopez,

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. 13CA0339
City and County of Denver Probate Court No. 2011PR2257
Honorable Elizabeth D. Leith, Judge

In re the Estate of Fred Kaufman, deceased.

Charlene Powell,

Appellant,

v.

Samuel Kaufman, as Personal Representative,

Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH INSTRUCTIONS

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

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


Court of Appeals No. 13CA0432
City and County of Denver District Court No. 11CV5150
Honorable Martin F. Egelhoff, Judge

Harvey Sender, as Receiver for Mark Hamilton Yost,

Plaintiff-Appellant,

v.

O. Jay Tomson; Timothy A. Krochuk; J. Reading Wilson, Jr.; Kyle J. Heckman; Kent A. Jones,

Defendants-Appellees.

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. 13CA0861
Adams County District Court No. 11CV1265
Honorable C. Scott Crabtree, Judge

Rooftop Roofing, Inc.,

Plaintiff-Appellee and Cross-Appellant,

v.

American Family Mutual Insurance Company,

Defendant-Appellant and Cross-Appellee.

JUDGMENT REVERSED

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

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


Court of Appeals No. 13CA1061
City and County of Denver District Court No. 11CV8588
Honorable Robert L. McGahey, Jr., Judge

Susan Larsen,

Plaintiff-Appellant,

v.

Martinson Snow Removal, Inc., a Colorado corporation,

Defendant-Appellee.

JUDGMENT REVERSED 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. 13CA1200
Boulder County District Court No. 11CV978
Honorable Maria E. Berkenkotter, Judge

Bivio, Inc.,

Plaintiff-Appellant,

v.

National Association of Investors Corporation and ICLUBCENTRAL, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1428
City and County of Denver District Court No. 13CV541
Honorable Robert S. Hyatt, Judge

Lawrence M. Jiron,

Plaintiff-Appellee,

v.

State of Colorado, John Hickenlooper, Roger Werholtz, James Falk, David Thompson, Michael Perraglia, Darryl Glenn, Amy Lathen, Sallie Clark, Dennis Hisey, and Peggy Littleton,

Defendants-Appellees.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1539
Arapahoe County District Court No. 12CV210
Honorable J. Mark Hannen, Judge

Heartland Bank,

Plaintiff-Appellee,

v.

Barry Freedman,

Defendant-Appellant.

JUDGMENT 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. 13CA1953
Adams County District Court No. 12JV250
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of L.M., L.H., B.H., and L.M., Children,

and Concerning M.H.,

Respondent-Appellant.

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. 13CA2363
Industrial Claim Appeals Office of the State of Colorado
DD No. 14423-2013

Donald M. Squier,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and CJS Services, Inc., d/b/a Global Collision,

Respondents.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA1741

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Askia Abdul-Amin,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0262

In re the Marriage of

Konstantina Dadiotis,

Appellee,

and

Peter Dadiotis,

Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 13CA0829

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Bernard Farrell,

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 || June 5, 2014

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