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Colorado Court of Appeals Opinions || August 14, 2014

Colorado Court of Appeals -- August 14, 2014
Announcement Sheet

PUBLISHED OPINIONS

Court of Appeals No.11CA2165
Jefferson County District Court No. 10CR2351
Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jason Jackson Heywood,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE WEBB
Plank*, J., concurs
Gabriel, J., specially concurs


Court of Appeals No.12CA1528
Weld County District Court Nos. 10CR1618 & 11CR351
Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eli Curtis,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Miller, J., concurs
Webb, J., specially concurs


Court of Appeals No.12CA1703
City and County of Denver District Court No. 11CV7639
Honorable Robert L. McGahey, Jr., Judge

Pioneer Natural Resources USA, Inc.,

Plaintiff-Appellee,

v.

Colorado Department of Revenue,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I
Opinion by JUDGE FURMAN
Loeb, C.J., and Taubman, J., concur


Court of Appeals No.12CA1825
El Paso County District Court No. 11CR2386
Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodel Miranda,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE WEBB
Miller, J., concurs
Gabriel, J., specially concurs


Court of Appeals No.12CA2228
Douglas County District Court No. 00CR100
Honorable Richard B. Caschette, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Glenn Robert Fritts,

Defendant-Appellant.

SENTENCES AFFIRMED

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


Court of Appeals No.12CA2436
Boulder County District Court No. 05PR381
Honorable Andrew R. Macdonald, Judge

In re the Estate of Foiles, deceased.

Gregory Kevin Foiles,

Appellant,

v.

Larry B. Foiles,

Appellee.

JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE TERRY
Dailey and Roy*, JJ., concur


Court of Appeals No.13CA0995
City and County of Denver District Court No. 12CV749
Honorable R. Michael Mullins, Judge

Jeffrey L. Wainscott, Personal Representative of the Estate of Donald L. Wainscott; and Rena Wainscott,

Plaintiffs-Appellees and Cross-Appellants,

v.

Centura Health Corporation, d/b/a Centura Health,

Defendant-Appellant and Cross-Appellee.

JUDGMENT REVERSED, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS

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


Court of Appeals No.13CA1621
City and County of Denver District Court No. 12CV3113
Honorable Michael A. Martinez, Judge

TABOR Foundation, a Colorado non-profit corporation,

Plaintiff-Appellant,

v.

Colorado Bridge Enterprise; Colorado Transportation Commission; Trey Rodgers, Gary M. Reiff, Heather Barry, Kathy Gilliland, Kathy Connell, Douglas Aden, Steve Parker, Les Gruen, Gilbert Ortiz, and Edward J. Peterson, all in their official capacity as a member of the Colorado Transportation Commission,

Defendants-Appellees.

JUDGMENT AFFIRMED

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


Court of Appeals No.13CA1645
El Paso County District Court No. 13CV2041
Honorable Marla R. Prudek, Judge

Eric Curtiss,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

ORDER AFFIRMED

Division VII
Opinion by CHIEF JUDGE LOEB
Sternberg* and Kapelke*, JJ., concur


UNPUBLISHED OPINIONS

Court of Appeals No. 06CA2204
City and County of Denver District Court No. 06CR10572
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Martin Novotny,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A
Opinion by JUDGE WEBB
Loeb, C.J., and Terry, J., concur

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


Court of Appeals No. 11CA0745
Arapahoe County District Court No. 10CR200
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Daniel Thomas,

Defendant-Appellant.

CASE REMANDED WITH DIRECTIONS

Division III
Opinion by JUDGE GABRIEL
Webb and Kapelke*, JJ., concur

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


Court of Appeals No. 11CA1230
Adams County District Court No. 10CR1131
Honorable Thomas R. Ensor, Judge

Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Alan Murray,

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. 11CA2278
City and County of Denver District Court No. 10CR837
Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald Leslie Webster,

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. 12CA0271
Arapahoe County District Court No. 97CR2005
Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Hobdy,

Defendant-Appellant.

ORDER AFFIRMED

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

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


Court of Appeals No. 12CA1172
Douglas County District Court No. 10CR536
Honorable Vincent White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kudakwashe Kamangirira,

Defendant-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 12CA1379
City and County of Denver District Court No. 11CR4675
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sebastian Bridges,

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. 12CA1678
La Plata County District Court No. 01CR489
Honorable David L. Dickinson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony S. Bowers,

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. 12CA1742
City and County of Denver District Court No. 07CR4062
Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Alston Smith,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V
Opinion by JUDGE HAWTHORNE
Loeb, C.J., and J. Jones, J., concur

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


Court of Appeals No. 12CA2113
El Paso County District Court No. 11CR2186
Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joley Blon Brown,

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. 12CA2219
Weld County District Court No. 11CR269
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Javier Raymond Esparza,

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. 12CA2499
El Paso County District Court No. 11CR4097
Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Deonandre Devon Woods,

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. 13CA0123
El Paso County District Court No. 12CR1692
Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bryan Kent Forward,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II
Opinion by JUDGE BERGER
Dailey and Márquez*, JJ., concur

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


Court of Appeals No. 13CA0242
Jefferson County District Court Nos. 98CR527 & 98CR2456
Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Joseph Juarez,

Defendant-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. 13CA0404
Adams County District Court No. 11CV1528
Honorable Edward Charles Moss, Judge

Raul Diaz and Theresa Diaz,

Plaintiffs-Appellants,

v.

Jeffery Scott Hobbs,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA0552
Arapahoe County District Court No. 04CR3085
Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jody Tyler Hunter,

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. 13CA0880
City and County of Denver District Court No. 12CR2416
Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew James Simpson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Plank*, J., concurs
Webb, J., dissents

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


Court of Appeals No. 13CA0890
El Paso County District Court No. 05CR6383
Honorable Scott B. Epstein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warney R. Smith,

Defendant-Appellant.

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. 13CA1093
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-875-751

Trinadad Sanson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and North Colorado Medical Center,

Respondents.


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. 13CA1220
Morgan County District Court No. 12CR198
Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mindy Ekern,

Defendant-Appellant.

SENTENCE 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. 13CA1286
Weld County District Court No. 03CR1862
Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alan Dean Meads,

Defendant-Appellant.

ORDER AFFIRMED

Division V
Opinion by JUDGE ASHBY
Hawthorne and Jones, JJ., concur

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


Court of Appeals No. 13CA1365
City and County of Denver District Court No. 13CV447
Honorable Herbert L. Stern, III, Judge

Janet L. Walcott,

Plaintiff-Appellant,

v.

Colorado Public Employees’ Retirement Association; Gregory W. Smith, Director; and Brian Pippin, Benefit Services Division,

Defendants-Appellees.

JUDGMENT AND ORDER AFFIRMED, 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. 13CA1439
Industrial Claim Appeals Office of the State of Colorado DD No. 9646-2013

HealthPoint, LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, and David Berman,

Respondents.

ORDER 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. 13CA1633
La Plata County District Court No. 04CR236
Honorable Jeffrey R. Wilson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Javier A. Mujica,

Defendant-Appellant.

ORDER 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. 13CA1704
City and County of Denver District Court No.12CV1632
Honorable Robert L. McGahey, Jr., Judge

Sylvia A. Segler,

Plaintiff-Appellant,

v.

Ross Management Group, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 13CA2126
Bent County District Court No. 13CV7
Honorable Michael A. Schiferl, Judge

Joseph R. Fuller,

Plaintiff-Appellant,

v.

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

Defendants-Appellees.

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. 14CA0091
Adams County District Court No. 13JV4
Honorable Craig R. Welling, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.R.M., a Child,

and Concerning D.A.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

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

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


Court of Appeals No. 14CA0169
Pitkin County District Court No. 12JV4
Honorable Gail H. Nichols, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.J.R. and C.R., Children,

and Concerning M.M.R.,

Respondent-Appellant,

and Concerning G.G.R.,

Respondent-Appellee.

JUDGMENT 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. 14CA0179
Jefferson County District Court No. 13JV76
Honorable Ann G. Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.S., a Child,

and Concerning C.S.,

Respondent-Appellant.

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. 14CA0616
Industrial Claim Appeals Office of the State of Colorado DD No. 28904-2013

Dawn M. Schade,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Union Taxi Cooperative,

Respondents.

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. 14CA0838
Industrial Claim Appeals Office of the State of Colorado DD No. 909-2014

Deborah J. Gutierrez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Parkview Medical Center,

Respondents.

ORDER AFFIRMED

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

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


Court of Appeals No. 14CA0957
Pueblo County District Court No. 13MH174
Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Barbara Hinman,

Respondent-Appellant.

ORDER AFFIRMED

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

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


PETITIONS FOR REHEARING

Court of Appeals No. 10CA0173

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Demark Payne,

Defendant-Appellant.

Petition for Rehearing DENIED


Court of Appeals No. 11CA1587

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Trevor Jones,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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.

Petition for Rehearing DENIED

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


Court of Appeals No. 12CA2234

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Raymond Sweeney,

Defendant-Appellant.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0166

Fred R. Kelly, Jr.,

Plaintiff-Appellant,

and

Foster Graham Milstein & Calisher, LLP,

Appellant,

v.

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

Defendant-Appellee.

Petition for Rehearing DENIED

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


Court of Appeals No. 13CA0997

Gaffigan & Associates, LLC,

Plaintiff-Appellee and Cross-Appellant,

v.

American Family Mutual Insurance Company,

Defendant-Appellant and Cross-Appellee.

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 || August 14, 2014

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