ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA0657
Douglas County District Court No. 05CR335
Honorable Nancy Artz Hopf, Judge
Honorable Thomas J. Curry, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dustin Matthew Schiff,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CARPARELLI
Casebolt and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1199
El Paso County District Court No. 05CR6383
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Warney Ray Smith,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2382
City and County of Denver District Court No. 05CR1530
Honorable Morris B. Hoffman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Carr,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2556
Arapahoe County District Court No. 06CR3605
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip Irvin Moses,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2563
Crowley County District Court No. 07CV8
Honorable M. Jon Kolomitz, Judge
Oloyea D. Wallin,
Plaintiff-Appellant,
v.
Crowley County Correctional Facility, Joe Ortiz, and Colorado Department of Corrections,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0384
Boulder County District Court No. 07CR1289
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Connie Marie Petitt,
Defendant-Appellant.
SENTENCE AFFIRMED, APPEAL DISMISSED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0567
El Paso County District Court No. 07CR3324
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonio Dwan Williams,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Carparelli and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0777
Adams County District Court No. 07CR1095
Honorable Thomas Richard Ensor, Judge
Honorable Edward Charles Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Ivan Jordan,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1006
El Paso County District Court Nos. 98CR4573, 98CR4698, 99CR4404 & 00CR2167
Honorable D. Richard Toth, Judge
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Deming,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1073
City and County of Denver District Court No. 03CV9513
Honorable Robert L. McGahey, Jr., Judge
Scott A. Cunningham,
Plaintiff-Appellant,
v.
BHP Petroleum (U.K.) Corporation, a Delaware corporation; BHP Billiton Petroleum Great Britain Limited, a United Kingdom private limited company; BHP Petroleum Great Britain PLC, a United Kingdom public limited company; and Hamilton Brothers Petroleum Corporation, a Delaware corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROTHENBERG*
Loeb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.08CA1131
Adams County District Court Nos. 07CR1333 & 07CR3153
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abel Alvarado,
Defendant-Appellant.
SENTENCES AFFIRMED
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ. concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1210
Douglas County District Court No. 05DR817
Honorable Marilyn L. Antrim, Judge
Honorable Beth Elliot-Dumler, Judge
In re the Marriage of
Jennifer J. Papilion,
Appellant and Cross-Appellee,
and
John D. Papilion,
Appellee and Cross-Appellant.
JUDGMENT AFFIRMED IN PART,
VACATED IN PART, AND REMANDED IN PART
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1287
Mesa County District Court No. 01CR3
Honorable David A. Bottger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Don Martin,
Defendant-Appellant.
ORDERS AFFIRMED
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1567
Logan County District Court No. 96CR156
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce A. Thompson,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1693
Eagle County District Court No. 06CV678
Honorable Frederick W. Gannett, Judge
Alicia Larson,
Plaintiff-Appellant and Cross-Appellee,
v.
James A. Macaluso and Pat R. Macaluso,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1803
Larimer County District Court No. 08DR110
Honorable James H. Hiatt, Judge
Honorable Susan J. Winfield, Magistrate
In re the Marriage of
Leslie Ginger Budd,
Appellee,
and
James L. Budd,
Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2126
Chaffee County District Court No. 07CV129
Honorable Charles M. Barton, Judge
Daniel John Befort,
Plaintiff-Appellant,
v.
Warden, Buena Vista Correctional Facility,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE ROMÁN
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2169
Yuma County District Court No. 07CR52
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Tena,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE RICHMAN
Carparelli and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2173
Arapahoe County District Court No. 96CR2753
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Desi Gallegos,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2300
Douglas County District Court No. 06DR612
Honorable Angela R. Arkin, Judge
In re the Marriage of
Diane L. Moore,
Appellant,
and
Timothy W. Moore,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2387
Adams County District Court Nos. 06CR3887 & 07CR257
Honorable Thomas Richard Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Lucky Denny,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE RICHMAN
Casebolt and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2520
City and County of Denver District Court No. 08CV1560
Honorable Robert L. McGahey, Jr., Judge
Auto Source, LLC,
Plaintiff-Appellant,
v.
Centennial Leasing & Sales of Denver, LLC,
Defendant-Appellee.
JUDGMENT REVERSED
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2565
El Paso County District Court No. 06DR4066
Honorable Barney Iuppa, Judge
In the Interest of E.K., Child,
Michael Longacre,
Petitioner-Appellee,
and Concerning Michelle Krause,
Respondent-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE RULAND*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA0011 & 09CA0027
Weld County District Court Nos. 06JV368 & 06JV597
Honorable William L. West, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of V.G. and J.C., Children,
and Concerning J.G. and K.B.,
Respondents-Appellants.
JUDGMENTS AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Loeb, J., concurs
Furman, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0099
City and County of Denver District Court No. 08CV617
Honorable Michael A. Martinez, Judge
Bank of New York,
Plaintiff-Appellant,
v.
Arapahoe County Delegate Child Support Enforcement Unit,
Defendant-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0120
Jefferson County District Court No. 99DR2544
Honorable Christopher J. Munch, Judge
In re the Marriage of
Stanley K. Anderson,
Appellant,
and
Donna M. Warling-Johnson,
Appellee.
ORDER AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Ruland*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0178
Jefferson County District Court No. 07CV6377
Honorable M.J. Menendez, Judge
Emil W. Brown and Mary E. O’Connor,
Plaintiffs-Appellants,
v.
Dino H. Salvatori,
Plaintiff-Intervenor,
and
David R. Heimbecher, a/k/a Dave Heimbecher; Board of County Commissioners of the County of Jefferson; Citywide Banks; and the Public Trustee of Jefferson County, Colorado,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0257
El Paso County District Court Nos. 02CR4590 & 02CR4930
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Keith Jones,
Defendant-Appellant.
ORDERS AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0429
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-739-183
Shonna N. Takacs,
Claimant,
v.
Industrial Claim Appeals Office of the State of Colorado, Petsmart, Inc., and Travelers Indemnity Company,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROY
Furman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0450
Adams County District Court No. 98CR2884
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Jennings Fogle,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0528
Chaffee County District Court No. 08CV104
Honorable Charles M. Barton, Judge
Art Price,
Plaintiff-Appellant,
v.
Warden, Buena Vista Correctional Facility,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1067
Larimer County District Court No. 07JV481
Honorable Gregory M. Lammons, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.S., a Child,
and Concerning R.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1272
City and County of Denver Juvenile Court No. 07JV288
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.A.R. and R.M.Z., Children,
and Concerning B.L.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1342
Mesa County District Court No. 08JV81
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.M. and S.M., Children,
and Concerning J.M. and L.M.,
Respondents-Appellants.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1419
City and County of Denver Juvenile Court No. 08JV592
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.R.B., Child,
and Concerning W.K.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Ruland*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1550
Industrial Claim Appeals Office of the State of Colorado
DD No. 13714-2009
David M. Martinez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Safeway Stores, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Russel and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1593
Industrial Claim Appeals Office of the State of Colorado
DD No. 10109-2009
Michael L. Maestas,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and US Security Associates, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Webb and Román, 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.: 06CA2430
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Felix Oriel Terrazas,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0090
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zurikye Latifbay Mcghee,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 07CA0675
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Lee Jamison,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA1143
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Toney L. Brown,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1194
Terraplus USA, Inc., a Colorado corporation,
Plaintiff-Appellee and Cross-Appellant,
v.
Gerald P. McJunkin,
Defendant-Appellant and Cross-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1249
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.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1566
In re the Marriage of
Michelle Cole,
Appellant and Cross-Appellee,
and
Kevin Cole,
Appellee and Cross-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No.: 08CA2223
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.W.,
Juvenile-Appellant.
Petition for Rehearing DENIED
Court of Appeals No.: 09CA1396
J.S., an individual,
Petitioner-Appellee,
v.
Carol Chambers, District Attorney, Eighteenth Judicial District,
Respondent-Appellant.
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. 2009.