ANNOUNCEMENTS
COLORADO COURT OF APPEALS
February 18, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA2136
Jefferson County District Court No. 06CR3608
Honorable Brian D. Boatright, Judge
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Reyes Chavez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
Court of Appeals No. 08CA1118
El Paso County District Court No. 01DR1982
Honorable Robert L. Lowry, Judge
In re the Parental Responsibilities of M.G.C-G., Child,
Thomas J. Cabello, Jr.,
Petitioner-Appellee,
and
Jennifer Gomez, n/k/a Jennifer Garcia,
Respondent-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
Court of Appeals No. 09CA0130
City and County of Denver District Court No. 06CV4514
Honorable William D. Robbins, Judge
Colorado Coffee Bean, LLC, a Colorado limited liability company; Double R Coffee, LLC, a Colorado limited liability company; MLT Taylor, LLC, a Colorado limited liability company; Peak Java Company, a Colorado corporation; JFK, LLC, a Colorado limited liability company; CZ-DM, Inc., a Colorado corporation; JKKR, LLC, a Colorado limited liability company; Peak Mountain Coffee, Inc., a Colorado corporation; King Soopers JM, Inc., a Colorado corporation; and ABC Sales, Inc., a Colorado corporation,
Plaintiffs-Appellants,
v.
Peaberry Coffee Inc., a Colorado corporation; Peaberry Coffee Franchise, Inc.; William I. Tointon; James T. Orr; and Perkins Coie, LLC, a Washington limited liability partnership,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Terry, J., concurs
Connelly, J., specially concurs
Court of Appeals No. 09CA0132
City and County of Denver District Court No. 08CV619
Honorable Larry J. Naves, Judge
Colorado Mining Association; Twentymile Coal Company; Mountain Coal Company, LLC; Colowyo Coal Company, L.P.; Oxbow Mining, LLC; Trapper Mining Inc.; and Bowie Resources, LLC,
Plaintiffs-Appellants,
v.
Roxy Huber, in her capacity as Executive Director of the Department of Revenue, State of Colorado; the Colorado Department of Revenue; and the State of Colorado,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
Court of Appeals No. 09CA0744
State Personnel Board
Case No. 2008D001
Laura Taylor,
Petitioner-Appellant,
v.
State Personnel Board,
Appellee,
and
Colorado Department of Public Health and Environment,
Respondent-Appellee.
ORDER AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Booras and Criswell*, JJ., concur
Court of Appeals No. 09CA1943
City and County of Denver District Court No. 03CV9926
Honorable Larry J. Naves, Judge
David Patterson, Philip McCoy, William Schaefer, and Beverly Schaefer,
Plaintiffs-Appellees,
v.
BP America Production Company, f/k/a Amoco Production Company,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE GABRIEL
Taubman and Webb, 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. 06CA1880
Arapahoe County District Court No. 05CR547
Honorable Angela R. Arkin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael William Pierson,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Terry, J., concurs
Connelly, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0692
Fremont County District Court No. 05CR545
Honorable David Morris Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Peiffer,
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. 08CA0429
Larimer County District Court No. 03CV1729
Honorable Daniel J. Kaup, Judge
Christine F. Stauffer, M.D., a/k/a Christine F. Stauffer and John Dale Stauffer, Jr.,
Plaintiffs-Appellants,
v.
Karen E. Hayes, D.O.,
Defendant-Appellee.
ORDERS 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. 08CA1001
City and County of Denver District Court No. 97CR3720
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Anderson,
Defendant-Appellant.
ORDER 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. 08CA1197
Crowley County District Court No. 06CV76
Honorable Michael Schiferl, Judge
Ronald Cordova,
Plaintiff-Appellant,
v.
Lt. T. Ritter, R. Steinbeck, Maj. T. Filer, Maj. E Jaramillo, Nurse D. Howe, and Att. General John Suthers,
Defendant-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1397
Mesa County District Court No. 04CR1228
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stanimir G. Pavlov,
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. 08CA1436
Jefferson County District Court No. 07CR2073
Honorable Morris B. Hoffman, Judge
Honorable Randall C. Arp, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Sonny Vigil,
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. 08CA1616
Mesa County District Court No. 07CR1880
Honorable Valerie Jo Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua C. Wright,
Defendant-Appellant.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1851
Larimer County District Court No. 03CV1729
Honorable Daniel J. Kaup, Judge
John Dale Stauffer, Jr.,
Plaintiff-Appellant,
v.
Karen E. Hayes, D.O.,
Defendant-Appellee.
ORDERS 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. 08CA2122
Pueblo County District Court No. 07CR506
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Georgia Eva Lufkins,
Defendant-Appellant.
JUDGMENT 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. 08CA2504
Adams County District Court No. 07CV1156
Honorable John T. Bryan, Judge
Angelina Trujillo,
Plaintiff-Appellee and Cross-Appellant,
v.
Jesse Ramirez,
Defendant-Appellant and Cross-Appellee.
JUDGMENT 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. 08CA2611
Garfield County District Court No. 08CV41
Honorable Denise K. Lynch, Judge
Sarah Jane Gessele,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Defendant-Appellee.
JUDGMENT REVERSED 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. 09CA0043
Jefferson County District Court No. 06CR3199
Honorable Steven M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shannon Washington,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
Court of Appeals No. 09CA0055
Arapahoe County District Court No. 08DR498
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Mary Scott,
Petitioner-Appellant,
and
John Scott,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
Court of Appeals No. 09CA0173
Adams County District Court No. 08CV486
Honorable John T. Bryan, Judge
Aggregate Industries-WCR, Inc.,
Plaintiff-Appellee,
v.
City of Commerce City, Colorado; and Roger Tinklenberg, in his official capacity as Director of Finance, City of Commerce City, Colorado,
Defendants-Appellants.
JUDGMENT REVERSED 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. 09CA0199
Jefferson County District Court No. 06JA136
Honorable Brian D. Boatright, Judge
In the Matter of the Petition of C.A.O.,
Petitioner-Appellee,
for the Adoption of G.M.R.-B., Child,
and Concerning M.T.R.-B.,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0213
Adams County District Court No. 08CV1481
Honorable Edward C. Moss, Judge
Ryan M. Fedelski,
Petitioner-Appellant,
v.
Roxy Huber, Executive Director of the Colorado Department of Revenue, Motor Vehicle Division, State of Colorado,
Respondent-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. 09CA0438
City and County of Denver District Court No. 88CR122
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Montgomery,
Defendant-Appellant.
ORDER AFFIRMED
Division B
J. Jones, Gabriel, and Connelly, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0507
Larimer County District Court No. 04CV2393
Honorable Philip F. Roan, Judge
David S. Gurtler,
Plaintiff-Appellant,
v.
California Casualty Indemnity Exchange,
Defendant-Appellee.
JUDGMENT AFFIRMED, ORDERS VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Russel and Lichtenstein, JJ., concur
Court of Appeals No. 09CA0735
El Paso County District Court Nos. 05CR3814 & 07CR2543
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyson Richard Clark,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Casebolt, Bernard, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1005
Jefferson County District Court No. 07DR2786
Honorable Philip J. McNulty, Judge
In re the Marriage of
Dominic E. Sandoval,
Appellant,
and
Elaine X. Yang-Ruff,
Appellee.
JUDGMENT AFFIRMED 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. 09CA1559
Adams County District Court No. 07MH5
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Thomas Benavidez,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1879
Industrial Claim Appeals Office of the State of Colorado
D.D. No. 17708-2009
Terry D. Cook,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Manpower International, Inc.,
Respondents.
ORDERS 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. 09CA1916
Industrial Claim Appeals Office of the State of Colorado
DD No. 4337-2008
Carlo R. Bonilla,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment Benefit Payment Control,
Respondents.
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. 09CA2151
Weld County District Court No. 08JV511
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.F., a Child,
and Concerning S.F. and R.F.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2492
Industrial Claim Appeals Office of the State of Colorado
DD No. 23098-2009
Dominic I. Dsouza,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Advance America Cash Advance Ctr., Cash Advance Centers of Colorado,
Respondents.
ORDER 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. 05CA2296
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abraham Hagos,
Defendant-Appellant.
Opinion Modified and
Petitions for Rehearing DENIED
Court of Appeals No. 08CA0200
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Robert Pena,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 08CA2009
Betty G. Amos and Estate of Thomas R. Righetti,
Plaintiffs-Appellants and Cross-Appellees,
v.
Aspen Alps 123, LLC and Equitable Bank,
Defendants-Appellees and Cross-Appellants.
Opinion Modified and
Petitions for Rehearing DENIED
Court of Appeals No. 08CA2209
Patrick Youngs,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, White Moving and Storage, Inc., and Pinnacol Assurance,
Respondents.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2539
Latasha Bain,
Petitioner-Appellant,
v.
Harrison School District No. 2,
Respondent-Appellee.
Petition for Rehearing DENIED
Webb, J., would GRANT
Court of Appeals No. 09CA0106
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vernon James Hawks,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1771
Douglas B. Wells,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Oldcastle SW Group Inc.,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1834
Doug A. Garvis,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training, Benefit Payment Control,
Respondents.
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.