Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
STRATUM
Find A Lawyer Directory
Know Your Judge


Colorado Court of Appeals Opinions || June 19, 2014

Colorado Court of Appeals -- June 19, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.11CA1465
City and County of Denver District Court No. 09CR1332
Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dherl Jefferson,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


Court of Appeals No.12CA0001
Jefferson County District Court No. 10CR1449
Honorable Ruthanne N. Polidori, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Enrique Alejandro Lacallo,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE WEBB
Booras, J., concurs
Román, J., concurs in part and dissents in part


Court of Appeals No.13CA0420
Mesa County District Court No. 12CV4196
Honorable Valerie J. Robison, Judge

Raymond L. Fiscus, a/k/a Ray Fiscus,

Petitioner-Appellee,

v.

Liberty Mortgage Corporation, a Georgia corporation; BB&T Corporation, a North Carolina corporation; and Branch Banking and Trust Company, a North Carolina corporation,

Respondents-Appellants.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA0947
Larimer County District Court No. 08CR1412
Honorable Jolene C. Blair, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Albert Lee Boone,

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. 10CA1986
Jefferson County District Court No. 09CR1637
Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dominic S. Pearson,

Defendant-Appellant.

JUDGMENTS 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. 10CA2138
Douglas County District Court No. 08CR500
Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott James Sylvia,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 11CA0322
Douglas County District Court No. 08CR799
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandin Eugene Kreuzer,

Defendant-Appellant.

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

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

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


Court of Appeals No. 11CA1169
Clear Creek County District Court No. 91CR26
Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lawrence William Fitzgerald,

Defendant-Appellant.

ORDERS AFFIRMED

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

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


Court of Appeals No. 11CA1270
Boulder County District Court No. 10CR669
Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Michael Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1322
Jefferson County District Court No. 10CR1260
Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel David Barajas,

Defendant-Appellant.

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. 11CA1458
Arapahoe County District Court No. 10CR1091
Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Medardo Eliezar Perez,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 11CA1650
Jefferson County District Court No. 10CR2810
Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniela Molina,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART

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

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


Court of Appeals Nos. 12CA0572 & 13CA1610
Eagle County District Court No. 11CV1127
Honorable Robert T. Moorhead, Judge

Barbara Allen and Wesley Allen Family LP,

Plaintiffs-Appellants,

v.

The Homestead Owners Association, Inc.,

Defendant-Appellee.

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. 12CA0822
Arapahoe County District Court No. 02CR646
Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Patrick Harold Alirez,

Defendant-Appellant.

ORDER 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. 12CA1209
City and County of Denver District Court No. 05CR674
Honorable Frank Plaut, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jonathan Nathaniel Estes,

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. 12CA2234
Adams County District Court Nos. 00CR634 & 00CR640
Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Raymond Sweeney,

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. 12CA2239
El Paso County District Court No. 05CR3380
Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brenda Lee Vargas,

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. 12CA2384
Arapahoe County District Court No. 11CR2585
Honorable Donald W. Marshall Jr., Judge
Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent Jerome May,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA2492
Fremont County District Court No. 11CV219
Honorable Stephen A. Groome, Judge

Craig Robledo-Valdez,

Plaintiff-Appellant,

v.

Rick Raemisch, in his official capacity as Executive Director of the Colorado Department of Corrections; and Susan Jones, Warden,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA2523
Jefferson County District Court No. 12CR147
Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Anthony Reynolds,

Defendant-Appellant.

ORDER 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. 13CA0107
La Plata County District Court No. 12CV6
Honorable Jeffrey R. Wilson, Judge

Oakridge Energy, Inc., a Utah corporation,

Plaintiff-Appellee,

v.

Clarence J. Helmericks and Sharon F. Helmericks, individually and as Trustees of the Helmericks Family Trust,

Defendants-Appellants.

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

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

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


Court of Appeals No. 13CA0210
Jefferson County District Court No. 10CV4168
Honorable Tamara S. Russell, Judge

Robert Effinger,

Plaintiff-Appellee,

v.

Kenneth Aggus and Aggus Realty,

Defendants-Appellants.

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

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

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


Court of Appeals No. 13CA0410
El Paso County District Court No. 07CR5316
Honorable Marla R. Prudek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kindall Marie O’Connor,

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. 13CA0509
Clear Creek County District Court No. 10CR43
Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timmy Ott,

Defendant-Appellant.

ORDER REVERSED IN PART AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA0719
City and County of Denver District Court Nos. 00CR2104, 00CR2169, & 00CR2200
Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Lynn Owens,

Defendant-Appellant.

ORDERS AFFIRMED

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

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


Court of Appeals No. 13CA0970
City and County of Denver District Court No. 12CV4787
Honorable Edward D. Bronfin, Judge

Canterbury Company, LLC,

Plaintiff-Appellant,

v.

Lamar Advertising of Colorado Springs, d/b/a Lamar Advertising of Denver,

Defendant-Appellee.

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. 13CA1196
City and County of Broomfield District Court No. 11JD15
Honorable Katherine R. Delgado, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.M.G.,

Juvenile-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1499
Adams County District Court No. 07DR1203
Honorable Chris Melonakis, Judge

In re the Marriage of

Barbara J. Williams, n/k/a Barbara J. BonGiovanni,

Appellant,

and

Timothy J. Williams,

Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1522
City and County of Denver District Court No. 76CR5679
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Flozell J. Beasley,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1616
El Paso County District Court No. 09CR3163
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Arthur Napier,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1982
City and County of Denver District Court No. 13DR30420
Honorable Anne M. Mansfield, Judge

In re the Marriage of

Gregory Taffe,

Appellant,

and

Andrea Sowell,

Appellee.

ORDERS 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. 13CA2198
Pueblo County District Court No. 13JV28
Honorable Deborah Eyler, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.O. and R.O., Children,

and Concerning D.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 14CA0118
Industrial Claim Appeals Office of the State of Colorado
DD No. 3716-2013

Awes A. Hussein,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc.,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0265
Industrial Claim Appeals Office of the State of Colorado
DD No. 13036-2013

Redi Carpet Sales of Colorado, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Employer Services – Integrity/Employer Audits,

Respondents.

ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 14CA0282
Industrial Claim Appeals Office of the State of Colorado
DD No. 15221-2013

Michael K. Profumo,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Trapper Mining, Inc.,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by CHIEF JUDGE LOEB
Plank* and Kapelke*, JJ., concur

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


Court of Appeals No. 14CA0306
Industrial Claim Appeals Office of the State of Colorado
DD No. 23444-2014

Integrity First Financial, Inc,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Jennifer Jones,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE NEY*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 14CA0461
Industrial Claim Appeals Office of the State of Colorado
DD No. 329-2014

Gregor M. Bryant,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Division of Unemployment Insurance,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE PLANK*
Loeb, C.J., and Kapelke*, J., concur

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


Court of Appeals No. 14CA0490
Industrial Claim Appeals Office of the State of Colorado
DD No. 26500-2013

Denine A. Nakagawa,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Aspen Club International, LLC,

Respondents.

ORDER AFFIRMED

Division IV
Opinion by JUDGE KAPELKE*
Loeb, C.J., and Plank*, J., concur

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


Court of Appeals No. 14CA0633
Pueblo County District Court No. 14MH73
Honorable William B. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Kayla Lynn Cody,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 09CA2717

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leo J. Cisneros,

Defendant-Appellant.

Petition for Rehearing DENIED
Webb, J., would GRANT


Court of Appeals No.11CA1205

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Estle Curren,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 11CA1456

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anton Paul Dutton,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 13CA0154

Craig Robledo-Valdez,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0682

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin William Satterfield,

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 19, 2014

Back