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Colorado Court of Appeals Opinions || June 12, 2014

Colorado Court of Appeals -- June 12, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 10CA1219
Arapahoe County District Court No. 07CR1413
Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Gallentine,

Defendant-Appellant.

ORDER AND SENTENCE 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. 10CA1374
Douglas County District Court No. 08CR796
Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Taylor Lynn Moudy,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

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

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


Court of Appeals No. 10CA1875
El Paso County District Court No. 09CR1295
Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Jonathan Walden,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV
Opinion by JUDGE DUNN
Graham, J., concurs
Vogt*, J., specially concurs

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


Court of Appeals No. 11CA1188
Mesa County District Court No. 09CR809
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Edward Young,

Defendant-Appellant.

JUDGMENT AND SENTENCES AFFIRMED
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 11CA1379
Adams County District Court No. 10CR1820
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles David Fisher, III,

Defendant-Appellant.

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

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

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


Court of Appeals No. 11CA2220
Adams County District Court No. 10CR3123
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lewis Floyd April,

Defendant-Appellant.

JUDGMENT 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. 11CA2282
Douglas County District Court No. 09CR457
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trevor Astry Cruz,

Defendant-Appellant.

JUDGMENT 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. 12CA0005
Lincoln County District Court No. 10CR34
Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexander Valdez,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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. 12CA0624
Boulder County District Court No. 08CR1459
Honorable D. D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Duane Glenn Rogers,

Defendant-Appellant.

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. 12CA1236
City and County of Denver District Court No. 11CR3526
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jacob M. Shavers,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt, J., concurs
Dailey, J., specially concurs

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


Court of Appeals No. 12CA1669
Adams County District Court No. 93CR587
Honorable Robert W. Kiesnowski, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alan Dubelman,

Defendant-Appellant.

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. 12CA2013
Larimer County District Court No. 10CV720
Honorable Gregory M. Lammons, Judge

Johnny Doe, a minor, by and through his Special Conservator, David H. Johnson,

Plaintiff-Appellant,

v.

David Oehlman and Phillips Management Systems, Inc., d/b/a 451 Steakhouse Restaurant,

Defendants-Appellees,

and Concerning Pamela Rodden, Ph.D.

JUDGMENTS 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. 12CA2094
Adams County District Court No. 07CV1028
Honorable C. Scott Crabtree, Judge

William Ross,

Third-Party Plaintiff-Appellee,

v.

Allstate Insurance Company,

Third-Party Defendant-Appellant.

APPEAL DISMISSED

Division V
Opinion by JUDGE HAWTHORNE
Ashby and Ney*, JJ., concur

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


Court of Appeals No. 12CA2098
Adams County District Court No. 07CV1028
Honorable C. Scott Crabtree, Judge

William Ross,

Third-Party Plaintiff-Appellant and Cross-Appellee,

v.

State Farm Mutual Auto Insurance Company and Allstate Insurance Company,

Third-Party Defendants-Appellees,

and

Adam D. Werner, Buehler Moving and Storage Company, and Box Brothers of Colorado, LLC,

Defendants-Appellees and Cross-Appellants.

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

Division V
Opinion by JUDGE HAWTHORNE
Ashby and Ney*, JJ., concur

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


Court of Appeals No. 12CA2518
Boulder County District Court No. 05CR1154
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Chinou Vue,

Defendant-Appellant.

JUDGMENT AFFIRMED 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. 12CA2618
City and County of Denver District Court No. 01CR2317
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Doyle,

Defendant-Appellant.

ORDER 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. 13CA0166
Arapahoe County District Court No. 09CV201334
Honorable Christopher C. Cross, Judge

Honorable J. Mark Hannen, Judge

Fred R. Kelly, Jr.,

Plaintiff-Appellant,

and

Foster Graham Milstein & Calisher, LLP,

Appellant,

v.

Law Offices of G. Michael Schuyler, P.C.,

Defendant-Appellee.

JUDGMENT REVERSED

Division I
Opinion by JUDGE BERNARD
Taubman and Rothenberg*, JJ., concur

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


Court of Appeals No. 13CA0257
El Paso County District Court No. 04CR638
Honorable Marla R. Prudek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ramon Lamar Fisher,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0424
Gilpin County Court No. 11CR1
Honorable David R. Gloss, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Albert David Bergeron,

Defendant-Appellant.

APPEAL DISMISSED

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

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


Court of Appeals No. 13CA0508
Logan County District Court No. 12CV76
Honorable Douglas R. Vannoy, Judge

Marco A. Rocha,

Plaintiff-Appellant,

v.

Executive Director of Colorado Department of Corrections and Warden of Sterling Correctional Facility,

Defendants-Appellees.

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. 13CA0647
Gilpin County District Court No. 10CR113
Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Robert Variale,

Defendant-Appellant.

ORDERS 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. 13CA0694
Pueblo County District Court No. 97CR307
Honorable Ruthanne Polidori, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio Mata-Medina,

Defendant-Appellant.

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. 13CA0808
City and County of Denver District Court No. 11CV7815
Honorable Norman D. Haglund, Judge

Dana Parker,

Plaintiff-Appellant,

v.

Mary Bobo,

Defendant-Appellee.

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. 13CA0992
Jefferson County District Court No. 12CV1353
Honorable Stephen M. Munsinger, Judge

Lookout Mountain Residents United, a Colorado nonprofit corporation; Cody Park Neighborhood Association, a Colorado nonprofit corporation; Mark Anderson; Dean Stauffer; Shelagh Stauffer; Michael Gleason; Dorothy Gleason; John Lange; Diane Lange; Hamilton H. McDowell; Bernadette B. McDowell; Ronald Stephen Jones, Trustee of the Ronald Stephen Jones Trust; Patricia Marie Michel; Paul Kalkwarf; Bonnie Saxton; Peter N. Lynch III; Nancy L. Lynch; Michael Pratt; Terrie Pratt; Andrew Martinez; Emily Martinez; Todd Story; Bruce Keith; Herbert Young; Sharon Young; Carole Jeffrey; Kevin Jeffrey; Robert M. Heine; Anne R. Heine; Dennis Locke; Anne Locke;

Plaintiff-Appellees and Cross-Appellants,

v.

Activation Ministries International,

Defendant-Appellant and Cross-Appellee

and

Jefferson County, Colorado, Board of County Commissioners; Casey Tighe, in his capacity as a member of the Jefferson County Board of County Commissioners; Donald Rosier, in his capacity as a member of the Jefferson County Board of County Commissioners,

Defendants-Appellees.

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

Division IV
Opinion by JUDGE GRAHAM
Fox, J., concurs
Dunn, J. dissents

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


Court of Appeals No. 13CA0999
El Paso County District Court No. 04DR675
Honorable Barney Iuppa, Judge

In re the Marriage of

Kaelin Kelleher,

Appellee,

and

Patrick Kelleher,

Appellant.

ORDERS AFFIRMED

Division I
Opinion by JUDGE KAPELKE*
Loeb, C.J. and Nieto*, J., concur

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


Court of Appeals No. 13CA1054
Douglas County District Court No. 05CV1630
Honorable Vincent R. White, Judge

Gary R. Hansen and Karen L. Hansen,

Plaintiffs-Appellants,

v.

Barbara A. Hemminger; the Estate of Robert J. Butler; Helen Bjorkquist; and Berkenkotter Motors, L.L.C., a Colorado limited liability company,

Defendants-Appellees.

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. 13CA1098
Larimer County District Court No. 10DR1336
Honorable Gregory M. Lammons, Judge

In re the Marriage of

Emily A. Krejci,

Appellee,

and

John R. Krejci,

Appellant.

JUDGMENT 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. 13CA1148
Arapahoe County District Court No. 11CV2566
Honorable J. Mark Hannen, Judge

Michael A. Collins,

Plaintiff-Appellant,

v.

Corum Real Estate Group, Inc.,

Defendant-Appellee,

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE TAUBMAN
Bernard and Rothenberg*, JJ., concur

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


Court of Appeals No. 13CA1186
City and County of Denver District Court No. 12CV2320
Honorable J. Eric Elliff, Judge

Steve E. Loftus,

Plaintiff-Appellant,

v.

Bristol West Insurance Company,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division III
Opinion by CHIEF JUDGE LOEB
Sternberg* and Ney*, JJ., concur

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


Court of Appeals No. 13CA1246
City and County of Denver District Court No. 98CR1290
Honorable J. Stephen Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Craig L. Poindexter,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1507
Adams County District Court No. 11CR639
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Michael Spahn,

Defendant-Appellant.

ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS

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. 13CA1744
Jefferson County District Court No. 10CR328
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrea Harris-Frazier,

Defendant-Appellant.

ORDER 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. 13CA2086
Adams County District Court No. 12JV218
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.R.O., a Child, and Concerning A.R.L. and E.R.O.,

Respondents-Appellants.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA2200
Jefferson County District Court No. 12JV648
Honorable Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.A. and V.A., Children,

and Concerning M.G.,

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. 13CA2351
Mesa County District Court No. 12JV169
Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning T.B.,

Respondent-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 Nos. 14CA0003 & 14CA0004
El Paso County District Court No. 12JV295
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.M-H. and M.A.R., Children,

and Concerning M.M. and P.H.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III
Opinion by CHIEF JUDGE LOEB
Sternberg* and Ney*, JJ., concur

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


Court of Appeals No. 14CA0170
Weld County District Court No. 12JV581
Honorable Elizabeth Strobel, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.S.H. and E.C.B., Children,

and Concerning V.M.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Ney*, J., concur

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA0463

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Justin Hadley Austin,

Defendant-Appellant.

Petition for Rehearing DENIED
Dunn, J., would GRANT

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


Court of Appeals No. 10CA0238

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Jerome Beasley,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 11CA1665

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerad Alan Massey,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA1174

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Tapia,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0128

James K. Conkleton,

Plaintiff-Appellant,

v.

Colorado Board of Parole; Anthony Young, Chairman of the Board of Parole; Patricia Waak, Parole Board Member; and Denise Basazic, Parole Board Member,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0438

Keith Frazier,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility,

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0730

Keith Frazier,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections; and Warden, Crowley County Correctional Facility,

Defendants-Appellees.

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 12, 2014

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