ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 10, 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. 08CA1925
El Paso County District Court No. 07CR5767
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur Lewis Ford,
Defendant-Appellant.
APPEAL DISMISSED
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
Court of Appeals No. 08CA2413
Industrial Claim Appeals Office of the State of Colorado
DD No. 13656-2008
Dana K. Starr,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Community Hospital Association,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE ROTHENBERG*
Hawthorne and Terry, JJ., concur
Court of Appeals No. 08CA2586
Mesa County District Court No. 08CR503
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kalin Andrew Daniels,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Connelly, J., concurs
Graham, J., specially concurs
Court of Appeals No. 08CA2633
Adams County District Court Nos. 08CV289 & 08CV304
Honorable C. Scott Crabtree, Judge
Sinclair Marketing Inc., a Wyoming corporation; Sinclair Oil Corporation, a Wyoming corporation; Sinclair Transportation Company, a Wyoming corporation; Burch Family Partnership, LLP, a Colorado limited liability partnership; Murray Family Farms, LLP, a Colorado limited liability partnership; Blue Dog Leasing, LLC, a Colorado limited liability company; Thomas H. Wielde; Log Jammer, LLC, a Colorado limited liability company; Hunt Brothers Properties, Inc., a Colorado limited liability company; K-W Enterprises, a Colorado general partnership; 9985E104, LLC, a Colorado limited liability company; Continental World Leasing Real Estate, LLC, a Colorado limited liability company; T1 Ellis Enterprises, LLC, a Colorado limited liability company; Marilinn Sonneman; Arthur Crocfer; Mary Jane Crocfer; Bruce J. Crocfer; Eugene A. Kapaun; and Mary Kapaun,
Plaintiffs-Appellants and Cross-Appellees,
v.
The City of Commerce City, Colorado, a home-rule Colorado municipal corporation; and The City Council for the City of Commerce City, Colorado,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Román and Bernard, 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. 05CA2648
City and County of Denver District Court No. 04CR3521
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone Walker,
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. 06CA1036
City and County of Denver District Court No. 05CR3229
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dejuan L. VanDyke,
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. 07CA1344
Douglas County District Court No. 05CR217
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee and Cross-Appellant,
v.
Judy Kay Hillen,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED AND RULING DISAPPROVED
Division II
Opinion by JUDGE CASEBOLT
Carparelli and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2323
El Paso County District Court No. 05CR2712
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Francis Bodensieck,
Defendant-Appellant.
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. 07CA2434
Fremont County District Court No. 00CR412
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marcellous Ander Roebuck,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0013
City and County of Denver District Court No. 06CR10537
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maurice Lynn Wilson,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0330
Larimer County District Court No. 05CR384
Honorable James H. Hiatt, Judge
Honorable Jolene C. Blair, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arlus Daniel, Jr.,
Defendant-Appellant.
JUDGMENT 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. 08CA0906
Morgan County District Court No. 07CR49
Honorable J. Curtis Penny, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Federico Lopez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Carparelli and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1088
El Paso County District Court No. 07CR2300
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawne A. Toney,
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. 08CA1349
Adams County District Court No. 07CR1618
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Yvonne Marie Gothard,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE STERNBERG*
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1371
City and County of Denver District Court No. 06CV12326
Honorable Michael A. Martinez, Judge
Beverly Mann,
Plaintiff-Appellant,
v.
The State of Colorado; David R. Gloss, individually and as an agent of Jefferson County and as an agent of the State of Colorado; Stephenie D. Lorimer; Mary Munger, individually and in her capacity as a City of Lakewood, Colorado Police Officer; Janet Young, individually and in her capacity as a City of Lakewood, Colorado Assistant City Attorney; the City of Lakewood, Colorado; Carla Martin, individually and in her former capacity as general manager of Golden Pond Senior Living, LLC; Golden Pond Senior Living, LLC; William Kilpatrick, individually and in his capacity as City of Golden, Colorado Police Chief; Matt Jurischk, individually and in his capacity as a City of Golden, Colorado Police Officer; the City of Golden, Colorado; Enrico Galimberti, individually and in his capacity as a Deputy Jefferson County Sheriff; Donald Tait, in his capacity as a Supervising Deputy Jefferson County Sheriff; Ted Mink, in his capacity as Jefferson County Sheriff; Jefferson County, Colorado; Gayle King; and Troy L. King,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1520
Weld County District Court No. 07CR1616
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Troy Shane Osborne,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Márquez* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Mesa County District Court No. 07CR1572
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David B. Hoeck,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by: JUDGE FURMAN
Roy and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2208
Lincoln County District Court No. 03CR29
Honorable P. Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Middleton,
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.: 08CA2301
Conejos County District Court No. 06CV14
Honorable Pattie P. Swift, Judge
Frederick J. Quintana, Donna Faye Bothoff, individually and as next friend of her minor daughter, Jenna Quintana,
Plaintiffs-Appellants,
v.
Lucy M. Quintana,
Defendant-Appellee.
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. 08CA2362
Arapahoe County District Court No. 07CV1421
Honorable Cheryl L. Post, Judge
Dianne L. Demers,
Plaintiff-Appellee,
v.
Marilynn Zupancic,
Defendant-Appellant.
JUDGMENT 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. 08CA2551
Mesa County District Court No. 01CR1007
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel G. Watson,
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. 08CA2607
Bent County District Court No. 08CV24
Honorable M. Jon Kolomitz, Judge
Paul Robert Allen,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Bent County Correctional Facility,
Defendants-Appellees.
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. 08CA2679
Boulder County District Court No. 07DR1146
Honorable James C. Klein, Judge
In re the Marriage of
Debra Lynne Shumar,
Appellee,
and
Darrell Gordon Shumar,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE ROMÁN
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0169
City and County of Denver Juvenile Court No. 08JD572
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
v.
B.L.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0368
Arapahoe County District Court No. 08CV1936
Honorable Elizabeth A. Weishaupl, Judge
Edward F. Calus,
Plaintiff-Appellant,
v.
Cheryl Stanley,
Defendant-Appellee.
ORDER AFFIRMED IN PART, REVERSED 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. 09CA0531
Conejos County District Court No. 98PR11
Honorable Pattie P. Swift, Judge
In the Matter of the Estate of Otilda Garcia, Deceased.
Reginaldo Garcia,
Appellant,
v.
Carlos Garcia,
Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Marquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0550
City and County of Denver District Court Nos. 06CR404, 06CR405, 06CR406 & 06CR1271
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Robert Graham,
Defendant-Appellant.
ORDERS AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0579
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-747-660
Haven Joe,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Harrison Western Construction Corporation, and National Union Fire Insurance Company,
Respondents.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1370
El Paso County District Court No. 05CR2847
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephanie Felts,
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. 09CA1761
Larimer County District Court No. 07JV515
Honorable Gregory M. Lammons, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.N., a Child,
and Concerning D.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Hawthorne 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. 06CA1421
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrus Michael Sarnella,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1427
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrus Michael Sarnella,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0594
Tomas Gonzales,
Plaintiff-Appellant,
and
Chris L. Ingold,
Attorney-Appellant,
v.
Safety National Casualty Corporation; Occupational Healthcare Management Services, Inc., a/k/a OHMS; Cannon Cochran Management Services, Inc., a/k/a CCMSI; Shirin Chowdhury, and Vicky Roden,
Defendants-Appellees.
Opinion Modified and
Petitions for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2250
The People of the State of Colorado,
Plaintiff-Appellee
v.
Gary Hernandez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2169
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Tena,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2373
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott Dackery Horton,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2663
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone L. Walker,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0141
In re the Estate of Patricia Susan Hitchcock, deceased.
Dennis Alexander,
Petitioner-Appellant,
and
Mindy L. Hitchcock,
Respondent-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0429
Shonna N. Takacs,
Claimant,
v.
Industrial Claim Appeals Office of the State of Colorado, Petsmart, Inc., and Travelers Indemnity Company,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0521
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Sater,
Defendant-Appellant.
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.