ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 13, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No.: 07CA0367
Pueblo County District Court No. 04CR1621
Honorable Dennis Maes, Judge
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos J. Montoya,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE BERNARD
Miller and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1201
City and County of Denver District Court No. 06CR1867
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Carlton,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by: JUDGE PLANK*
Hawthorne and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1282
Mesa County District Court No. 05CR930
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rafael G. Ortiz-Lopez,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by: JUDGE BERNARD
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0033
El Paso County District Court No. 06CV3654
Honorable David A. Gilbert, Judge
Liberty Square Condominium Association, Inc., a Colorado non-profit corporation,
Plaintiff-Appellee,
v.
Randolph A. Sigley, Sr.,
Defendant-Appellant.
JUDGMENT AFFIRMED AND
CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0040
Adams County District Court No. 06CR1456
Honorable Francis S. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan Duenas-Torres,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by: JUDGE MILLER
Bernard and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0086
Adams County District Court No. 06CR3231
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sheldon R. Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE ROY
Taubman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0166
Logan County District Court No. 05CV207
Honorable Michael K. Singer, Judge
Harmony Ditch Company,
Plaintiff-Appellant and Cross-Appellee,
v.
Julesburg Irrigation District,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by: JUDGE J. JONES
Connelly and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0223
Adams County District Court No. 07CR2234
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Paul Peyton,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE TERRY
Dailey and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0579
City and County of Denver District Court No. 71CR65021
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos E. Sanchez,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by: JUDGE GRAHAM
Hawthorne and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0791
Weld County District Court No. 05DR886
Honorable Gilbert A. Gutierrez, Judge
In re the Marriage of
Margaret Van De Mark,
Appellee and Cross-Appellant,
and
Gregg Eric Van De Mark,
Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE FURMAN
Loeb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0792
Douglas County District Court No. 97CV641
Honorable Paul A. King, Judge
Taos at Lone Tree, L.L.C., a Colorado limited liability company,
Plaintiff-Appellee,
v.
James W. Bain,
Appellant and Cross-Appellee,
and
Richard Pfeffer,
Defendant-Appellee and Cross-Appellant,
and
Brega & Winters, P.C.,
Intervenor-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA0878
City and County of Denver District Court No. 06CR10796
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert J. Upson,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE PLANK*
Bernard and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1194
Larimer County District Court No. 05CV1640
Honorable Vincent R. White, Judge
Terraplus USA Inc., a Colorado corporation,
Plaintiff-Appellee and Cross-Appellant,
v.
Gerald P. McJunkin,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by: JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1224
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-724-653
United Parcel Service and Gallagher Bassett Services, Inc.,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Joel A. Vigil,
Respondents.
ORDER AFFIRMED
Division V
Opinion by: JUDGE RICHMAN
Graham and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1260
City and County of Denver District Court No. 99CV6933
Honorable Ronald M. Mullins, Judge
Allen Oil & Gas, L.L.C., a Texas limited liability company,
Plaintiff-Appellant,
v.
Colorado Oil & Gas Conservation Commission, an agency of the State of Colorado, and Steven Sonneberg, Michael Kish, Daniel Skrabacz, Claudia Rebne, Bruce Johnson, and Adran Phillips, Commissioners of the Colorado Oil & Gas Conservation Commission,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1502
Larimer County District Court No. 08CV123
Honorable J. Carman Blair, Judge
Butch Cropper and Sharon Cropper,
Plaintiffs-Appellants,
v.
James L. Budd, L. Ginger Budd, and WCR3, Inc.,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE FURMAN
Loeb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1523
City and County of Denver District Court No. 04CV6919
Honorable Norman D. Haglund, Judge
Lois Leder,
Plaintiff-Appellee,
v.
Thomas R. Giles,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE BERNARD
Miller and Plank,* JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1577
City and County of Denver District Court No. 03CR1616
Honorable Brian R. Whitney, Judge
Honorable Morris V. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Morris,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Román, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1775
Larimer County District Court No. 96JV493
Honorable Dave Williams, Judge
In the Interest of M.R., a Child,
and C.T.
Petitioner-Appellee,
and Concerning K.R.,
Respondent-Appellant.
ORDER AFFIRMED IN PART
AND REVERSED IN PART
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1861
City and County of Denver District Court No. 07CR2377
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tracy R. Horrell,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division VII
Opinion by: JUDGE KAPELKE*
Russel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA1931
Jefferson County District Court No. 04CV1190
Honorable Jane A. Tidball, Judge
Paul Gordon, LLC, and Paul Gordon,
Plaintiffs-Appellants,
v.
Bruce P. Fierst, P.C., and Bruce P. Fierst,
Defendants-Appellees.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by: JUDGE MILLER
Bernard and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2060
Weld County District Court No. 07DR846
Honorable Dinsmore Tuttle, Judge
In re the Marriage of
Gloria Fabia,
Appellee,
and
James Fabia,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by: JUDGE PLANK*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2087
Las Animas County District Court No. 02DR93
Honorable Leslie J. Gerbracht, Judge
In re the Marriage of
Cynthia Ann Hammond,
Appellant,
and
Ronald Kenneth Rowe,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE DAILEY
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2088
Las Animas County District Court No. 03DR131
Honorable Leslie J. Gerbracht, Judge
In re the Matter of
Cynthia Ann Hammond,
Appellant,
and
Kent Robinson,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by: JUDGE DAILEY
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2184
City and County of Denver District Court No. 08CV4390
Honorable William D. Robbins, Judge
Larry L. Graham,
Plaintiff-Appellee,
v.
Terry W. Hamann,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by: CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2227
El Paso County District Court No. 06CV3654
Honorable David A. Gilbert, Judge
Liberty Square Condominium Association, Inc., a Colorado non-profit corporation, and Hugh Montgomery,
Plaintiffs-Appellees,
v.
Randolph A. Sigley, Sr.,
Defendant-Appellant.
ORDER AFFIRMED AND
CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2250
Colorado State Board of Assessment Appeals No. 48211
West Ridge Group, L.L.C.,
Petitioner-Appellant,
v.
Montrose County Assessor and Montrose County Board of Equalization,
Respondents-Appellees,
and
Colorado State Board of Assessment Appeals,
Appellee.
ORDER AFFIRMED
Division IV
Opinion by: JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2600
City and County of Denver District Court No. 01CR3542
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Javon Butler,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Román, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2654
Elbert County District Court No. 99CR25
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason C. Goodes,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0371
Industrial Claim Appeals Office of the State of Colorado
DD No. 11805-2008
High Plains Products, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Arthur F. Herrera,
Respondents.
ORDER AFFIRMED
Division V
Opinion by: JUDGE NIETO*
Graham and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0548
City and County of Denver Juvenile Court No. 06JV1023
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
In the Interest of B.A.T., R.A.T., E.T., and K.A.T., Children,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning P.M.Q.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0648
Industrial Claim Appeals Office of the State of Colorado
DD No. 11665-2008
Ivette T. Echenique,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and McIntyre Corp.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by: JUDGE CONNELLY
Russel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0719
Industrial Claim Appeals Office of the State of Colorado
DD No. 20482-2008
Tim M. Bresnahan,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training, TRA Unit,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by: JUDGE BOORAS
Loeb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 09CA0780
City and County of Denver Juvenile Court No. 07JV1038
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
In the Interest of G.E.D., Child,
Upon the Petition of the Denver Department of Human Services,
Petitioner-Appellee,
and Concerning J.M.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by: JUDGE NEY*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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.: 06CA2302
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Jay Kadell,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA1191
Maxine Mager,
Plaintiff-Appellant,
v.
THF Prairie Center Development, LLC, a Colorado limited liability company,
Defendant-Appellee.
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. 2008.