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Colorado Court of Appeals Opinions || July 3, 2014

Colorado Court of Appeals -- July 3, 2014
Announcement Sheet

PUBLISHED OPINIONS

 

Court of Appeals No.07CA1217
El Paso County District Court No. 95CR3134
Honorable Larry E. Schwartz, Judge
Honorable Donald E. Campbell, Judge
Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sanford B. Schupper,

Defendant-Appellant.

JUDGMENT AFFIRMED

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


 

Court of Appeals No.10CA0173
City and County of Denver District Court No. 08CR2348
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Demark Payne,

Defendant-Appellant.

JUDGMENT REVERSED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No.10CA0790
El Paso County District Court No. 09CR1083
Honorable Jann P. DuBois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Cirilo Acosta,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE CASEBOLT
Dailey, J., concurs
Berger, J.,


Court of Appeals No.10CA0832
Adams County District Court No. 09CR456
Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Douglas Wise,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I
Opinion by JUDGE J. JONES
Taubman and Ney*, JJ., concur


Court of Appeals No.10CA2139
El Paso County District Court No. 04CR5770
Honorable John N. McMullen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Todd William Newmiller,

Defendant-Appellant.

ORDER AFFIRMED

Division II
Opinion by JUDGE BERGER
Casebolt


Court of Appeals No.11CA1178
Jefferson County District Court No. 09CR2835
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Esteban Zamora Garcia,

Defendant-Appellant.

APPEAL DISMISSED

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


Court of Appeals No.13CA0775
Park County District Court No. 12CV128
Honorable Stephen A. Groome, Judge

John Giduck; Shari Nicoletti; and Archangel Group Ltd., a Colorado corporation,

Plaintiffs-Appellants,

v.

Joe Niblett; Mitchell Isaac Lake; Jay Harrison; Philip D. Martin; Tracy-Paul Warrington; Patrick McAleer; and Karl Monger,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

Division IV
Opinion by JUDGE GRAHAM
Dunn, J., concurs
Vogt*, J., concurs in part and dissents in part


Court of Appeals No.13CA0779
City and County of Denver District Court No. 12CV1446
Honorable Herbert L. Stern, III, Judge

Expedia, Inc.; Hotels.com, L.P.; Hotwire, Inc.; Orbitz, LLC; Trip Network, Inc., d/b/a Cheaptickets.com; Priceline.com, Inc.; Travelwebb LLC;

Travelocity.comL.P.; and Site59.com, LLC,

Plaintiffs-Appellants and Cross-Appellees,

v.

City and County of Denver, Colorado; Cary Kennedy, in her official capacity as the Manager of Finance of the City and County of Denver; and Bill Speckman, in his official capacity as Hearing Officer designated by the Manager of Finance,

Defendants-Appellees and Cross-Appellants.

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

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


Court of Appeals No.13CA0989
City and County of Denver District Court No. 12CV4032
Honorable Michael A. Martinez, Judge

Reid Lester,

Plaintiff-Appellant,

v.

The Career Building Academy, a Colorado Nonprofit Corporation; and Rick Johnson, LLC, a Colorado limited liability company, d/b/a Johnson Heating and Plumbing,

Defendants-Appellees.

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

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


Court of Appeals No.13CA1092
City and County of Denver District Court No. 11CV7842
Honorable Robert S. Hyatt, Judge

Jose Morales-Guevara,

Plaintiff-Appellant,

v.

Claire A. Koren,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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


UNPUBLISHED OPINIONS

Court of Appeals No. 10CA1646
Mesa County District Court No. 09CR1689
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Wayne Miller,

Defendant-Appellant.

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. 11CA0424
Adams County District Court No. 09CR3365
Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Donald Doughty,

Defendant-Appellant.

JUDGMENT 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. 11CA1271
Grand County District Court No. 10CR67
Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Susan Leigh Stock,

Defendant-Appellant.

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

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

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


Court of Appeals No. 11CA1636
Larimer County District Court No. 11CV353
Honorable Julie Kunce Field, Judge

Erik G. Fischer,

Plaintiff-Appellant,

v.

Donald Yohon and Teresa Yohon,

Defendants-Appellees.

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. 11CA1936
Douglas County District Court No. 10CR321
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Priscilla Ann Rock,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA0970
Larimer County District Court No. 06CR859
Honorable Thomas R. French, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Anthony Vaughan,

Defendant-Appellant.

JUDGMENT 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. 12CA1073
City and County of Denver District Court No. 10CR1857
Honorable Kenneth M. Laff, Judge

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julian Victor Magana,

Defendant-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. 12CA1107
El Paso County District Court No. 99JD1799
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.C.B.,

Respondent-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals Nos. 12CA1506 & 12CA1508
Boulder County District Court Nos. 11CR1007 & 11CR1665
Honorable D.D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Wade Murks,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 12CA1534
Jefferson County District Court No. 11CR487
Honorable Christie B. Phillips, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher P. Maes,

Defendant-Appellant.

JUDGMENT 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. 12CA1701
Boulder County District Court No. 11CR1188
Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip J. Glynn,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 12CA1970
El Paso County District Court No. 11CR2759
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Lee Decker,

Defendant-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. 12CA2354
Jefferson County District Court No. 06CR2775
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bikram Bihari Mishra,

Defendant-Appellant.

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. 12CA2471
El Paso County District Court No. 12CR1252
Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gina Marie Zapien,

Defendant-Appellant.

SENTENCE AFFIRMED

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

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


Curt of Appeals Nos. 13CA0081 & 13CA0762
Larimer County District Court No. 12CV1242
Honorable Gregory M. Lammons, Judge

J. Gavin Kaszynski,

Plaintiff-Appellant and Cross-Appellee,

v.

K2D, Inc., a Colorado corporation; Kevin LaFleur; and Don Babcock,

Defendants-Appellees and Cross-Appellants.

JUDGMENT REVERSED, ORDERS 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. 13CA0304
Adams County District Court No. 12CR869
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent Ralph Pena,

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. 13CA0669
Jefferson County District Court No. 11CV5254
Honorable Philip J. McNulty, Judge

Janel K. Bryan,

Plaintiff-Appellant,

v.

Arthur Clark, David von Gunten, and von Gunten Law LLC,

Defendants-Appellees.

JUDGEMENT AFFIRMED IN PART AND REVERSED IN PART

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

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


Court of Appeals No. 13CA0797
Mesa County District Court No. 07CR105
Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dominick Paul Uli,

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. 13CA0831
Jefferson County District Court No. 09CV5389
Honorable Jack W. Berryhill, Judge

Dwight Ingram and Frederic Eagen,

Plaintiffs-Appellants,

v.

Edward Cudahy, a/k/a Edward I. Cudahy,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE J. JONES
Ashby and Ney*, JJ., concur

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


Court of Appeals No. 13CA0888
Fremont County District Court No. 11CV214
Honorable Stephen A. Groome, Judge

John H. James,

Plaintiff-Appellant,

v.

Colorado Department of Corrections; Anthony A. Decesaro, Grievance Officer; Captain Williams Housing Unit Supervisor or Lieutenant Lynn Travis; Lieutenant Tideman; Sergeant Montgomery; Sergeant Marquez; Warden Susan Jones; Associate Warden Foster; and Colorado Department of Corrections Kitchen Stewards,

Defendants-Appellees.

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. 13CA1082
Jefferson County District Court No. 12CV2304
Honorable Dennis J. Hall, Judge

Lifetouch Church Directories & Portraits,

Plaintiff-Appellant,

v.

Colleen Ingalsbe; Summerfield Studios, d/b/a MyChurch Family Album; and Mark Irwin,

Defendants-Appellees.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1121
El Paso County District Court No. 10CR2985
Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Marquis Doraan Dunlap,

Defendant-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1130
Jefferson County District Court No. 11CV4856
Honorable Tamara S. Russell, Judge

Andrew Heese,

Petitioner-Appellant,

v.

People of the State of Colorado,

Respondent-Appellee.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA1318
El Paso County District Court No. 08DR3019
Honorable Scott A. Sells, Judge

In re the Marriage of

Cheryl D. Bornstein,

Appellant,

and

Michael A. Bornstein,

Appellee.

JUDGMENT 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. 13CA1549
El Paso County District Court No. 10DR617
Honorable Richard V. Hall, Judge

In re the Marriage of

Guilbel R. Hummer,

Appellant,

and

Justin M. Hummer,

Appellee.

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. 13CA1848
Adams County District Court No. 11JV86
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.P., II, a Child,

and Concerning W.P.,

Respondent-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. 13CA1981
Pueblo County District Court No. 12JV141
Honorable Deborah R. Eyler, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.A., Juvenile-Appellant.

JUDGMENT 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. 14CA0027
El Paso County District Court No. 12JV2407
Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of B.O., a Child,

and Concerning K.O.,

Respondent-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. 14CA0180
Weld County District Court No. 12JV183
Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.G., and X.G., Children,

and Concerning M.G.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 11CA1180

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Disher,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.11CA1465

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dherl Jefferson,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No.11CA2612

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Adan Desantiago,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED


Court of Appeals No. 12CA2075

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Edwards McDaniels,

Defendant-Appellant.

Opinion Modified and
Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0127

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Christopher Lopez,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No.13CA0958

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.

Opinion Modified and
Petition for Rehearing DENIED


Court of Appeals No. 13CA1112

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Julius C. Herrera, Jr.,

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No.13CA1235

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.

Opinion Modified and
Petition for Rehearing DENIED


* 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 || July 3, 2014

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