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Colorado Court of Appeals Opinions || July 10, 2014

Colorado Court of Appeals -- July 10, 2014
Announcement Sheet

UNPUBLISHED OPINIONS

Court of Appeals No. 11CA0002
Arapahoe County District Court No. 09CR2029
Honorable Jack F. Smith, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leroy Melvin Grumbach, III,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V
Opinion by JUDGE J. JONES
Hawthorne, J., concurs
Ashby, J., specially concurs

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


Court of Appeals No. 11CA0557
Jefferson County District Court No. 10CR801
Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Earl Hamilton Brauch,

Defendant-Appellant.

JUDGMENT 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. 11CA1587
City and County of Denver District Court No. 96CR5379
Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trevor Jones,

Defendant-Appellant.

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

Division IV
Opinion by JUDGE FOX
Graham, J., concurs
Dunn, J., specially concurs

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


Court of Appeals No. 11CA1925
Adams County District Court No. 10CR1143
Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Salvador Antonio Beserra,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII
Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur

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


Court of Appeals No. 12CA1219
Adams County District Court No. 92CR403
Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John O. Morris,

Defendant-Appellant.

ORDER AFFIRMED

Division VI
Opinion by JUDGE BOORAS
Richman, J., concurs
Román, J., concurs in part and dissents in part

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


Court of Appeals No. 12CA1947
City and County of Denver District Court No. 05CR4862
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Lovato,

Defendant-Appellant.

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. 13CA0535
Jefferson County District Court No. 98CR1675
Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Joseph Laurson,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 13CA0598
City and County of Broomfield District Court No. 12DR120
Honorable Katherine R. Delgado, Judge

In re the Marriage of

Dawn M. Link,

Appellant, and

Christopher Blaine Link,

Appellee.

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

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

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


Court of Appeals No. 13CA0771
City and County of Denver District Court No. 04DR2821
Honorable Shelley I. Gilman, Judge

In re the Marriage of

Valerie J. Scheirman, f/k/a Valerie J. Dickson,

Appellee,

and

Michael D. Dickson,

Appellant.

ORDERS 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. 13CA0850
Larimer County District Court No. 11CV1104
Honorable Dave Williams, Judge

McWhinney Holding Company, LLLP, a Colorado limited liability limited partnership; McWhinney Centerra Lifestyle Center, LLC, a Colorado limited liability company, derivatively on behalf of Centerra Lifestyle Center, LLC, a nominal defendant; Centerra Properties West, LLC, a Colorado limited liability company; SMP4 Investments, Inc., a Colorado corporation; and Centerra Retail Sales Fee Corporation, a Colorado nonprofit corporation,

Plaintiffs-Appellants,

v.

Poag & McEwan Lifestyle Centers-Centerra, LLC, a Delaware limited liability company; Poag & McEwan Lifestyle Centers, LLC, a Delaware limited liability company; and Poag Lifestyle Centers, a Delaware limited liability company,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART
AND REVERSED IN PART

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

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


Court of Appeals No. 13CA0929
City and County of Denver District Court No. 11CV2517
Honorable Elizabeth A. Starrs, Judge

Shane Edward Johnson,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; and Warden of Denver Reception and Diagnostic Center,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI
Opinion by JUDGE KAPELKE*
Gabriel and Rothenberg*, JJ., concur

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


Court of Appeals No. 13CA1198
El Paso County District Court No. 11DR3824
Honorable Larry E. Schwartz, Judge

In re the Marriage of Christopher Adkins,

Appellant,

and

Alexandra Adkins, Appellee.

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

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

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


Court of Appeals No. 13CA1320
Jefferson County District Court No. 12DR3210
Honorable Philip J. McNulty, Judge

In re the Marriage of

Becky Marie Hopkins n/k/a Becky Marie Watson,

Appellant,

and

Vincent Leon Hopkins,

Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA1331
City and County of Denver District Court No. 89CR1808
Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vernell Mitchell,

Defendant-Appellant.

ORDER AFFIRMED

Division VII
Furman, Terry, and Lichtenstein, JJ.
PER CURIAM

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


Court of Appeals No. 13CA1410
Adams County District Court No. 10DR654
Honorable Ted C. Tow, Judge

In re the Marriage of

Georgia L. Fligg n/k/a Georgia L. Montoya,

Appellant,

and

Michael B. Fligg,

Appellee.

RULING REVERSED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS

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

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


Court of Appeals No. 13CA1425
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-893-272

Marjorie Mason Lott,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Goodwill Industries of Denver; and Pinnacol Assurance,

Respondents.

ORDER 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. 13CA1823
Grand County District Court No. 13DR30023
Honorable Mary C. Hoak, Judge

In re the Marriage of

Mary Yavonne Cash,

Appellee,

and

Michael Sean Cash,

Appellant.

ORDER 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. 14CA0176
Teller County District Court No. 12JV74
Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.V., a Child,

and Concerning A.K.P.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by CHIEF JUDGE LOEB
Sternberg* and Nieto*, JJ., concur

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


Court of Appeals No. 14CA0259
Adams County District Court No. 12JV195
Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.S.E., a Child,

and Concerning E.S. and R.E.,

Respondents-Appellants.

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. 14CA0275
Jefferson County District Court No. 11JV1467
Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.A., Child,

and Concerning R.L.B.,

Respondent-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. 14CA0304
Adams County District Court No. 13JV52
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.T. and K.T., Children,

and Concerning A.C.,

Respondent-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. 14CA0353
Arapahoe County District Court No. 12JV1406
Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.S., F.W. and P.W., Children,

and Concerning R.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE STERNBERG*
Loeb, C.J., and Nieto*, J., concur

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


Court of Appeals No. 14CA0457
Pueblo County District Court No. 12JV594
Honorable Deborah R. Eyler, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.V. and J.M., Children,

and Concerning A.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE NIETO*
Loeb, C.J., and Sternberg*, J., concur

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


Court of Appeals No. 14CA0510
Industrial Claim Appeals Office of the State of Colorado
DD No. 29330-2013

Jillian M. Hartman,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and US Jesco Intl LTD, Inc., d/b/a US Jesco,

Respondents.

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 No. 14CA0542
Industrial Claim Appeals Office of the State of Colorado
DD No. 28426-2013

Edward W. Miszczak,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Federal Interstate Team,

Respondents.

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. 14CA0590
City and County of Denver Probate Court No. 14MH76
Honorable Ruben Hernandez, Magistrate

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Tamara Ranneva,

Respondent-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0725
Pueblo County District Court No. 14MH132
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of William Christopher White,

Respondent-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. 14CA0726
Pueblo County District Court No. 13MH385
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Sandra Guertin,

Respondent-Appellant.

ORDERS AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 08CA2588

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adam Joseph Zamora,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2618

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Doyle,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0312

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asres Fikre Tolossa,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA1168

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.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA2200

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.

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 || July 10, 2014

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