ANNOUNCEMENTS

COLORADO COURT OF APPEALS

January 22, 2009

“Slip opinions” are the opinions as filed by the judges with the clerk.  Slip opinions are subject to modification, rehearing, withdrawal, or clerical corrections. A link to any modifications to previously posted opinions will appear in the Petition for Rehearing section of the announcement document the day the changes are announced.

Click on the case number to view published and modified published opinions.

P U B L I S H E D   O P I N I O N S

Court of Appeals No.: 07CA1292

City and County of Denver Juvenile Court No. 06JD1308

Honorable Orrelle Rodgers Weeks, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.B.-B., a Child,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by: JUDGE CASEBOLT

Loeb and Román, JJ., concur

Court of Appeals No.: 07CA1785

City and County of Denver District Court No. 01CR3262

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Misenhelter,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI

Opinion by: JUDGE DAILEY

Bernard and J. Jones, JJ., concur

U N P U B L I S H E D   O P I N I O N S

Court of Appeals No.: 06CA0373

City and County of Denver District Court No. 05CR1293

Honorable Herbert L. Stern, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Bivens,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VII

Opinion by: JUDGE J. JONES

Russel and Gabriel, JJ., concur

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

Court of Appeals No.: 06CA0565

City and County of Denver District Court No. 05CR663

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Jerome Russell,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by: JUDGE J. JONES

Russel and Gabriel, JJ., concur

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

Court of Appeals No.: 06CA1342

Adams County District Court No. 05CR1125

Honorable C. Scott Crabtree, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy Mark Brownlow,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by: JUDGE WEBB

Hawthorne, J., concurs

Rovira*, J., dissents

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

Court of Appeals No.: 06CA2104

Arapahoe County District Court No. 05CR1571

Honorable Justin M. Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Homaidan Al-Turki,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division VI

Opinion by: JUDGE HAWTHORNE

Terry and Márquez*, JJ., concur

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

Court of Appeals No.: 06CA2353

Boulder County District Court No. 06CR83

Honorable Daniel C. Hale, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ryan David Goebel,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by: JUDGE CARPARELLI

Taubman and Connelly, JJ., concur

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

Court of Appeals No.: 06CA2578

Mesa County District Court No. 05CR2089

Honorable Brian J. Flynn, Judge

Honorable Edwin G. Ruland, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eldine Branham,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by: JUDGE GABRIEL

Russel and J. Jones, JJ., concur

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

Court of Appeals No.: 06CA2611

Mesa County District Court No. 05CR2079

Honorable Amanda D. Bailey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ashley Renee King,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by: JUDGE WEBB

Furman and Richman, JJ., concur

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

Court of Appeals No.: 07CA0324

El Paso County District Court No. 02CR1699

Honorable Timothy J. Simmons, Judge

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Santana Pena,

Defendant-Appellant.

ORDER AND JUDGMENT AFFIRMED

Division I

Opinion by: JUDGE TAUBMAN

Román and Kapelke*, JJ., concur

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

Court of Appeals No.: 07CA0491

El Paso County District Court No. 96CR1230

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodney Dewayne McDonald,

Defendant-Appellant.

ORDERS AFFIRMED

Division IV

Opinion by: JUDGE WEBB

Furman and Richman, JJ., concur

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

Court of Appeals No.: 07CA0550

Adams County District Court No. 99CR2316

Honorable C. Vincent Phelps, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Walker,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by: JUDGE CRISWELL*

Graham and Furman, JJ., concur

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

Court of Appeals No.: 07CA0907

El Paso County District Court No. 01CR4130

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Dwayne Allen,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by: JUDGE CARPARELLI

Graham and Furman, JJ., concur

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

Court of Appeals No.: 07CA1131

Weld County District Court No. 06CR1882

Honorable James F. Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saliman Kel Yep,

Defendant-Appellant.

SENTENCE AFFIRMED

Division III

Opinion by: CHIEF JUDGE DAVIDSON

Ney* and Kapelke*, JJ., concur

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

Court of Appeals No.: 07CA1244

City and County of Denver District Court No. 97DR374

Honorable J. Stephen Phillips, Judge

In re the Marriage of

Patricia Mitchell,

Appellant and Cross-Appellee,

and

Glen W. Merrick,

Appellee and Cross-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by: JUDGE WEBB

Furman and Richman, JJ., concur

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

Court of Appeals No.: 07CA1295

Adams County District Court No. 06CR2416

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Golden,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by: JUDGE CARPARELLI

Hawthorne and Terry, JJ., concur

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

Court of Appeals No.: 07CA1464

Eagle County District Court No. 06CV19

Honorable Frederick W. Gannett, Judge

Buxman Enterprises, Ltd., a Colorado corporation, d/b/a Edwards Village Market, Ltd.,

Plaintiff-Appellee,

v.

Eagle II Developers, Inc., a Colorado corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by: JUDGE FURMAN

Webb and Richman, JJ., concur

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

Court of Appeals No.: 07CA1786

La Plata County District Court No. 04DR215

Honorable David L. Dickinson, Judge

In re the Marriage of

Joseph Wilson Hawley, Jr.,

Appellant,

and

Winifred Venora Jahnke,

Appellee.

JUDGMENT AFFIRMED

Division III

Opinion by: JUDGE DAILEY

Loeb and Rovira*, JJ., concur

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

Court of Appeals No.: 07CA1842

Eagle County District Court No. 06CV19

Honorable Frederick W. Gannett, Judge

Buxman Enterprises, Ltd., a Colorado corporation d/b/a Edwards Village Market, Ltd.,

Plaintiff-Appellee,

v.

Riverwalk at Edwards Property Owners Association, Inc.,

Defendant-Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by: JUDGE FURMAN

Webb and Richman, JJ., concur

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

Court of Appeals No.: 07CA1871

City and County of Denver District Court No. 06CV1715

Honorable Christina M. Habas, Judge

James A. Carleo,

Plaintiff-Appellant,

v.

King & Greisen, LLP; Diane S. King; and David Lichtenstein,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by: JUDGE WEBB

Hawthorne, J., concurs

Roy, J., dissents

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

Court of Appeals No.: 07CA2069

Larimer County District Court No. 07CR300

Honorable James H. Hiatt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Faustine Ismael Gutierrez, Sr.,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III

Opinion by: JUDGE NEY*

Davidson, C.J., and Kapelke*, J., concur

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

Court of Appeals No.: 07CA2286

City and County of Denver District Court Nos. 05CR27, 05CR3857 & 06CR577

Honorable Robert S. Hyatt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jennifer D. Capune,

Defendant-Appellant.

SENTENCES VACATED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by: JUDGE CONNELLY

Casebolt and Roy, JJ., concur

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

Court of Appeals No.: 07CA2454

Weld County District Court Nos. 05CV513 & 05CV1488

Honorable Jonathan W. Hays, Judge

Town of Mead, a statutory municipality and political subdivision of the State of Colorado,

Plaintiff-Appellant,

v.

Board of County Commissioners of Weld County, Ken Williamson, Connie Williamson, Ray School, Alma School, Nick Sekich, Tom Reynolds, Merle Maass, Bill Woods, Gary Woods, Don Owens, Scott Owens, Ed Kanemoto,

Defendants-Appellees.

ORDERS AFFIRMED

Division

Opinion by: JUDGE METZGER*

Dailey and Richman, JJ., concur

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

Court of Appeals No.: 07CA2500

Pitkin County District Court No. 07CV36

Honorable Denise K. Lynch, Judge

Capital One, F.S.B.,

Plaintiff-Appellee,

and

Linebarger, Goggan, Blair & Sampson, L.L.P.,

Third-Party Defendant-Appellee,

v.

Mona Long, a/k/a Mona Hayles Long,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by: JUDGE LICHTENSTEIN

 Richman and Metzger*, JJ., concur

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

Court of Appeals No.: 08CA0181

Boulder County District Court No. 06CV1078

Honorable M. Gwyneth Whalen, Judge

Earl Stratton,

Plaintiff-Appellant,

v.

Owners Insurance Company, d/b/a Auto Owners Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by:  JUDGE BERNARD

Graham and Booras, JJ., concur

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

Court of Appeals No.: 08CA0214

City and County of Denver District Court No. 06CV10960

Honorable Christina M. Habas, Judge

Retreat on the Blue Condominium Association,

Plaintiff-Appellant,

v.

Truck Insurance Exchange,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by: JUDGE GRAHAM

Bernard and Booras, JJ., concur

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

Court of Appeals No.: 08CA0220

Jefferson County District Court No. 07CR1107

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lemuel E. Jackson,

Defendant-Appellant.

SENTENCE AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by: JUDGE CASEBOLT

Roy and Connelly, JJ., concur

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

Court of Appeals No.: 08CA0230

El Paso County District Court No. 04CV1431

Honorable Rebecca S. Bromley, Judge

Summit Park II Condominium Owners Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellant,

v.

Summit Park Condominium Association, a Dissolved Colorado nonprofit corporation; John E. Morin, individually and as director and/or officer of an unincorporated association of owners; Community Management, Inc., a Colorado corporation; Richard P. Schinke and Donna Schinke,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by: JUDGE GABRIEL

Russel and J. Jones, JJ., concur

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

Court of Appeals No.: 08CA0294

Grand County District Court No. 04CV109

Honorable Mary C. Hoak, Judge

Roque R. Morales,

Plaintiff-Appellee,

v.

Jeffrey N. Herren,

Attorney-Appellant.

ORDERS REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by: JUDGE BERNARD

Graham and Booras, JJ., concur

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

Court of Appeals No.: 08CA0422

Mesa County District Court No. 07CR1607

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy E. Swenson,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Opinion by: JUDGE HAWTHORNE

Carparelli and Terry, JJ., concur

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

Court of Appeals No.: 08CA0597

Adams County District Court No. 06CR3729

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado

Plaintiff-Appellee,

v.

Larry Joe Henry Kennel,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by: JUDGE ROMÁN

Taubman and Lichtenstein, JJ., concur

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

Court of Appeals No.: 08CA0680

City and County of Denver Juvenile Court No. 05JV1780

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

In the Interest of J.N.L., a Child,

Upon the Petition of the Denver County Department of Human Services,

Petitioner-Appellee,

and Concerning A.R.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by: JUDGE GRAHAM

Bernard and Booras, JJ., concur

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

Court of Appeals No.: 08CA0746

El Paso County District Court No. 05CR6204

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roger Paul Weaver,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by: JUDGE TERRY

Carparelli and Hawthorne, JJ., concur

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

Court of Appeals No.: 08CA1019

Chaffee County District Court No. 93CR35

Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Michael Tuller,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by: JUDGE FURMAN

Webb and Richman, JJ., concur

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

Court of Appeals No.: 08CA1292

Adams County District Court No. 08JD55

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.P.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by: JUDGE ROY

Casebolt and Connelly, JJ., concur

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

Court of Appeals No.: 08CA1331

Industrial Claim Appeals Office of the State of Colorado

DD No. 4337-2008

Carlo R. Bonilla,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,

Respondents.

ORDER AFFIRMED IN PART, SET ASIDE IN PART,

AND CASE REMANDED WITH DIRECTIONS

Opinion by: JUDGE ROMÁN

Hawthorne, J., concurs

Furman, J., concurs in part and dissents in part

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

Court of Appeals No.: 08CA1458

Chaffee County District Court No. 04CR66

Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Nason,

Defendant-Appellant.

ORDER AFFIRMED

Division A

Taubman, Graham, and Loeb, JJ.

PER CURIAM

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

Court of Appeals No.: 08CA1527

Mesa County District Court No. 07JV367

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.F., a Child,

And Concerning L.F.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by: JUDGE HAWTHORNE

Roy and Webb, JJ., concur

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

Court of Appeals No.: 08CA1692

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-680-692

Bulto Bena,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Hertz Corporation and AIG c/o Specialty Risk Services,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by: JUDGE RICHMAN

Webb and Furman, JJ., concur

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

Court of Appeals No.: 08CA1992

Mesa County District Court No. 07JV413

Honorable Ruthanne N. Polidori, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of B.B. and A.B., Children,

and Concerning J.B. and S.D.B.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V

Opinion by: JUDGE BERNARD

Graham and Booras, JJ., concur

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

Court of Appeals No.: 08CA2124

City and County of Denver Juvenile Court No. 07JV166

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

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

Upon the Petition of the Denver Department of Human Services,

Petitioner-Appellee,

and Concerning F.B.E.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by: JUDGE TAUBMAN

Román and Lichtenstein, JJ., concur

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

P E T I T I O N S  F O R  R E H E A R I N G

Court of Appeals No.: 05CA1720

Tom Clay Hill, individually, and Peoples National Bank Colorado, a Colorado banking corporation,

Plaintiffs-Appellees,

v.

B. Jason Harwell,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No.: 06CA0005

In re the Marriage of

James D. Thompson,

Appellee and Cross-Appellant,

and

Linda G. Thompson,

Appellant and Cross-Appellee,

and Concerning

Andrew C. Littman,

Intervenor-Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No.: 06CA2006

Clark DeWitt,

Plaintiff-Appellee,

v.

Tara Woods Limited Partnership, a Minnesota limited partnership,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No.: 07CA0292

Ridgeview Classical Schools, a Colorado nonprofit corporation and charter school,

Plaintiff-Appellant,

v.

Poudre School District R-1, a Colorado school district,

Defendant-Appellee.

Opinion Modified and

Petition for Rehearing DENIED

Court of Appeals No.: 07CA1844

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Arthur Price,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No.: 07CA2381

Robert D. Gandy,

Plaintiff-Appellant,

v.

Colorado Department of Corrections and Aristedes Zavaras,

Defendants-Appellees.

Petition for Rehearing DENIED

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

Court of Appeals No.: 08CA0489

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-631-558

Julian Kraft,

Claimant-Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Gold Rush I, LLC; and RTW Colorado, Inc.,

Respondents-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. 2008.