ANNOUNCEMENTS
COLORADO COURT OF APPEALS
January 28, 2010
“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
Jefferson County District Court No. 05CR3811
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew Gene Wartena,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0160
City and County of Denver District Court No. 05CR3559
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sergio Rodriguez-Garza,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0696
City and County of Denver District Court No. 06CR4953
Honorable Morris B. Hoffman, Judge
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerald Hammond,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE HAWTHORNE
Taubman and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1889
El Paso County District Court No. 99DR964
Honorable Steven Thomas Pelican, Judge
In re the Marriage of
David M. Bean,
Appellant,
and
Bobbi G. Bean,
Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2278
Montezuma County District Court No. 05CR58
Honorable Dennis P. Friedrich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aric Jerome Miera,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2560
El Paso County District Court No. 07CR2522
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Brazil Medeiros
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0187
Weld County District Court No. 07CR139
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Suazo Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0468
Mesa County District Court No. 07CR553
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dirk Reeves,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0564
Mesa County District Court No. 07CR321
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jade Diego Maldonado,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0747
City and County of Denver District Court Nos. 05CR949 & 05CR2728
Honorable Brian R. Whitney, Judge
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donnell Jackson, a/k/a Darnell Jackson,
Defendant-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1083
Adams County District Court No. 07CR2231
Honorable Mark D. Warner, Judge
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joey James Partain,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1104
Arapahoe County District Court No. 03CR342
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Burton Calkins,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1138
El Paso County District Court No. 99CR289
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derek Duane Kohl,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1147
Fremont County District Court No. 07CR205
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lloyd T. Clark,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1284
Adams County District Court No. 06CR3630
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mario Michael Sanchez,
Defendant-Appellant.
Judgment Reversed and Case
remanded with directions
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1540
Morgan County District Court No. 05CR352
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith Balka,
Defendant-Appellant.
ORDERS AFFIRMED
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1598
Jefferson County District Court No. 05CV3787
Honorable M.J. Menendez, Judge
Clifford L. Whitehall,
Plaintiff-Appellee,
v.
John J. Zodrow,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1637
El Paso County District Court No. 07CR3906
Honorable G. David Miller, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Scott Browning,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2217
Jefferson County District Court No. 07CR1807
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert James Landrum,
Defendant-Appellant.
ORDERS AFFIRMED
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Delta County District Court No. 04CV85
Honorable Charles R. Greenacre, Judge
Donald E. Harrelson, individually and as husband and personal representative of the Estate of Anna Pauline Hulvey Harrelson, decedent; Tabatha L. Myers; and Willis D. Barrett,
Plaintiffs-Appellants and Cross-Appellees,
v.
Douglas B. Huene, M.D.; and High Country Orthopedics & Sports Medicine, P.C.,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2550
City and County of Denver District Court No. 06CR3245
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Anderson,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 08CA2718 & 09CA2273
Jefferson County District Court No. 07CV3015
Honorable Stephen M. Munsinger, Judge
Estate of Michael F. Maurer, a/k/a Michael Maurer, a/k/a Mike Maurer, by Patricia M. Maurer, Personal Representative,
Plaintiff-Appellee,
v.
Steve Hill and Renata Hill,
Defendants-Appellants,
and
Hubert J. Hill,
Intervenor-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0069
Arapahoe County District Court No. 02CR2008
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zachary Rhodes,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0148
Arapahoe County District Court No. 07CV2652
Honorable Charles M. Pratt, Judge
Creekside Hotel Associates, LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
General Innkeeping Acceptance Corporation, a Tennessee corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0309
El Paso County District Court No. 08DR46
Honorable Robert L. Lowrey, Judge
In re the Marriage of
Valarie Carter,
Appellant,
and
Michael Carter,
Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Russel and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0491
Logan County District Court No. 05CR263
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Monsheay Overstreet,
Defendant-Appellant.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0570
Boulder County District Court No. 08DR1124
Honorable D.D. Mallard, Judge
In re the Marriage of
Andrea J. Elliott,
Appellee,
and
Evan D. Elliott,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0761
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-702-985
Kenneth D. Bennett,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Bennett Plumbing & Backflow Services, and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0778
Boulder County District Court No. 98CR2283
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Thomas Gettings,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0794
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-589-762
Elfido Navarrete,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Pinnacol Assurance,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1617
Industrial Claim Appeals Office of the State of Colorado
D.D. No. 13474-2009
Bret J. Dofek,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hospital Shared Services, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2017
Adams County District Court No. 09CR1506
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Coy Thomas Dunn,
Defendant-Appellee.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2039
Adams County District Court No. 09CR1527
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Douglas Junior Taylor,
Defendant-Appellee.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2062
Pueblo County District Court No. 09JV2
Honorable Deborah R. Eyler, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.M.B., Child,
and Concerning M.A.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2128
Industrial Claim Appeals Office of the State of Colorado
DD No. 21246-2009
Yevgeniya Fefer,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and T-Mobile USA, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2153
Industrial Claim Appeals Office of the State of Colorado
DD No. 20463-2009
Fate Price,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and John E. Potter, Postmaster General, United States Postal Service,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE LICHTENSTEIN
Graham and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2293
Mesa County District Court No. 08JV176
Honorable Thomas Deister, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of
D.P., Jr., Child,
and Concerning D.P., Sr.
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, 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.: 06CA2525
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew T. Plancarte,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 07CA0841
In re the Marriage of
Susan M. Kroll,
Appellee,
and
Leonard J. Kroll,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1949
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marselino Paul Atencio,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0061
In re the Marriage of
Susan M. Kroll,
Appellee,
and
Leonard J. Kroll,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2553
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Gooley,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0222
In re the Estate of Hazel I. McCreath, Deceased.
Charlotte M. Ritchey,
Appellant,
v.
Milford L. McCreath and Elton R. McCreath,
Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 09CA0813
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles L. Elliott,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1070
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stanimir Georgiev Pavlov,
Defendant-Appellant.
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.