ANNOUNCEMENTS
COLORADO COURT OF APPEALS
November 19, 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. 06CA1368
Jefferson County District Court No. 89CR664
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Yeazel,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1613
City and County of Denver District Court No. 05CR674
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan Nathaniel Estes,
Defendant-Appellant.
JUDGMENT AND ORDER 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. 06CA2231
City and County of Denver District Court No. 04CR3738
Honorable Christina M. Habas, Judge
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Benevidez,
Defendant-Appellant.
JUDGMENT AFFIRMED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0186
City and County of Denver District Court No. 05CR3972
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur J. Lomax,
Defendant-Appellant.
Judgment affirmed in part
AND vacated in part
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0562
City and County of Denver District Court No. 04CR4880
Honorable Herbert L. Stern, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael DiPentino,
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. 07CA0841
Douglas County District Court No. 96DR151
Honorable Angela R. Arkin, Judge
In re the Marriage of
Susan M. Kroll,
Appellee,
and
Leonard J. Kroll,
Appellant.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2116
Larimer County District Court No. 05CR2011
Honorable John David Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyler Zapp,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division V
Opinion by JUDGE CONNELLY
Graham and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2203
Teller County District Court No. 06CR84
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Theodore R. Wagner,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg * and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2206
Arapahoe County District Court No. 05CR6040
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Candy Ra Coppinger,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
Court of Appeals No. 07CA2413
City and County of Denver District Court No. 06CR3968
Honorable Morris B. Hoffman, Judge
Honorable Thomas Woodford, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Steven Cutshall,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2470
City and County of Denver District Court No. 04CR4270
Honorable John W. Madden, Judge
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward L. Rodriguez,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
Court of Appeals No. 08CA0061
Douglas County District Court No. 96DR151
Honorable Angela R. Arkin, Judge
In re the Marriage of
Susan M. Kroll,
Appellee,
and
Leonard J. Kroll,
Appellant.
ORDERS AFFIRMED
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0186
Adams County District Court No. 06CR2464
Honorable Thomas R. Ensor, Judge
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Riley Olson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE MILLER
Roy, J., concurs
Furman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0331
Mesa County District Court No. 07CR31
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Gilbert Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0386
Adams County District Court No. 06CR2143
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Willie Joe Losa,
Defendant-Appellant.
Sentence Affirmed
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1026
Weld County District Court No. 07CR971
Honorable James Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Hetzel,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 08CA1327
Jefferson County District Court No. 07CR85
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Kyle Coffman,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VII
Opinion by JUDGE RUSSEL
Terry and J. Jones, JJ., concur
Court of Appeals No. 08CA1694
City and County of Denver District Court No. 00CV996
Honorable Joseph E. Meyer, III, Judge
Honorable Gloria A. Rivera, Judge
Arkansas Oklahoma Gas Corporation,
Third-Party Plaintiff-Appellee,
v.
Marathon Oil Company, as successor to Texas Oil and Gas Corporation,
Third-Party Defendant-Appellant.
JUDGMENTS AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Booras and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1791
Adams County District Court No. 03CR1017
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus E. Rivera,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Graham and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2045
Adams County District Court No. 06CV1182
Honorable John Bryan, Judge
Northglenn, LLC, a Colorado limited liability company,
Third-Party Plaintiff-Appellant,
v.
Carol Constable, f/k/a Carol Graham, d/b/a Flowers n’ Roses,
Third-Party Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 08CA2070 & 09CA0084
Eagle County District Court No. 04CV584
Honorable Frederick W. Gannett, Judge
Saltire Development, Inc., a Colorado corporation,
Plaintiff-Appellant and Cross-Appellee,
and
Gordon Blaikie,
Cross-Appellee,
v.
Margo M. Hields and Paul W.R. Hields,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2172
Douglas County District Court No. 03DR14
Honorable Richard B. Caschette, Judge
In re the Marriage of
Christine McCormick, n/k/a Christine Fritschen,
Appellee,
and
Robert A. McCormick,
Appellant.
ORDER vacated in part and CASE
remanded with direction
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2209
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-648-693
Patrick Youngs,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, White Moving and Storage, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2385
Board of Licensure for Architects, Professional Engineers, and Professional Land Surveyors No. EN 2008-0004
Denley Kester,
Respondent-Appellant,
v.
Board of Engineers and Land Surveyors and Administrative Courts, State of Colorado,
Petitioners-Appellees.
ORDER AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2421
San Miguel County District Court No. 07CV3
Honorable James Schum, Judge
Richard Bedor,
Plaintiff-Appellant,
v.
Michael E. Johnson,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
Court of Appeals No. 08CA2438
Adams County District Court No. 08CR1945
Honorable Robert S. Doyle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alonzo Ponce-Jiminez,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2663
City and County of Denver District Court No. 98CR181
Honorable Shelly I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone L. Walker,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Roy, Webb, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0357
Jefferson County District Court No. 06CR4275
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonette Victoria Manzanares,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Booras, JJ., concur
Court of Appeals No. 09CA0521
El Paso County District Court No. 01CR2778
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Sater,
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. 09CA0643
Fremont County District Court No. 90CR26
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Permuy Calderon,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0890
El Paso County District Court No. 03CR1801
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antonio M. Bethea,
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. 09CA0995
La Plata County District Court No. 99CR300
Honorable Jeffrey R. Wilson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Daniel Lillie,
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. 09CA1029
City and County of Denver District Court No. 00CR2389
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shay Martin,
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. 09CA1145
Teller County District Court No. 07JV53
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.G. and H.G., Children,
and Concerning K.G. and M.G.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1328
Industrial Claim Appeals Office of the State of Colorado
DD No. 8975-2009
Claudia D. Serocki,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Alterra Healthcare Corporation,
Respondents.
ORDER AFFIRMED
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
Court of Appeals No. 09CA1471
Clear Creek County District Court No. 08JV17
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S., a Child,
and Concerning G.M.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
Court of Appeals No. 09CA1571
Industrial Claim Appeals Office of the State of Colorado
DD No. 13412-2009
Crystal M. Stevenson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Transfirst Holdings, Inc.,
Respondents.
ORDER 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. 09CA1639
Industrial Claim Appeals Office of the State of Colorado
DD No. 1425-2009
Steven P. Haines,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Maverick Press Printing & Graphics,
Respondents.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, 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. 06CA1560
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricardo Lemar Samuels,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 06CA1853
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Dean Tillery,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 07CA1895
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew Christopher O’Neal,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 07CA2425
In re the Marriage of
Darla K. Richards,
Appellee,
and
Glenn D. Richards,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2443
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Patrick McAllister,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0157
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Douglas Riley, a/k/a Anthony Douglas Pryor-Riley,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA0648
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Harry J. Hall,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0777
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Ivan Jordan,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1597
Michael Sean Edmond,
Plaintiff-Appellant,
v.
Bill Ritter, Governor of Colorado; the State of Colorado; and the Honorable Larry Edward Schwartz, acting as District Court Judge for El Paso County, Colorado,
Defendants-Appellees.
Court of Appeals No. 09CA0020
Christian Gilbert,
Plaintiff-Appellant,
v.
Arthur Julian, Assistant Chief Hearing Officer; Andrew Stone, Hearing Officer; and Roxy Huber, Executive Director of the Colorado Department of Revenue, Division of Motor Vehicles,
Defendants-Appellees.
Court of Appeals No. 09CA0120
In re the Marriage of
Stanley K. Anderson,
Appellant,
and
Donna M. Warling-Johnson,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0913
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.P.E., J.M.E., and D.Z.E., Children,
and Concerning R.W.E., and A.R.E.,
Respondents-Appellants.
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. 2009.