ANNOUNCEMENTS
COLORADO COURT OF APPEALS
March 11, 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
Court of Appeals No. 06CA2553
City and County of Denver District Court No. 06CR10120
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Marsteller,
Defendant-Appellant.
JUDGMENT 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. 06CA2554
City and County of Denver District Court No. 04CR4019
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christine Speros,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
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. 07CA1552
City and County of Denver District Court No. 05CR10026
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Estrada,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Loeb, J., concurs
Bernard, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1668
El Paso County District Court No. 06CR2912
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Axel Rafael Crespo-Gutierrez,
Defendant-Appellant.
JUDGMENT AFFIRMED AND
CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2508
City and County of Denver District Court No. 03CR4758
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charlie Sneed,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Román, J. Jones, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0245
City and County of Denver District Court No. 06CR2489
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Anthony Fresquez,
Defendant-Appellant.
JUDGMENT 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. 08CA0568
Larimer County District Court No. 07CR844
Honorable James H. Hiatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Souren Ovigian,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Terry and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1130
Adams County District Court No. 07CR2856
Honorable Thomas Richard Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Angelo Jose Gonzales,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 08CA1324
Adams County District Court No. 07CR3437
Honorable Michael A. Cox, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Kevin Carstens,
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. 08CA1531
City and County of Denver District Court No. 92CR198
Honorable Robert S. Hyatt, Judge
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clinton R. Erickson,
Defendant-Appellant.
ORDER AFFIRMED
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. 08CA2022
Park County District Court No. 01CR37
Honorable Kenneth M. Plotz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Simon Ewing Sue,
Defendant-Appellant.
ORDER 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. 08CA2149
Pitkin County District Court No. 07DR73
Honorable James B. Boyd, Judge
Honorable Ruben M. Hernandez, Magistrate
In re the Marriage of
Hala Bollock, n/k/a Hala Khalil,
Appellee,
and
Heath Bollock,
Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2158
Pueblo County District Court No. 07JD371
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.S.,
Juvenile-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2403
Routt County District Court No. 07CV99
Honorable Shelly A. Hill, Judge
Steamboat Ventures, Ltd., a Florida limited partnership,
Plaintiff-Appellee,
v.
The Formula, Inc., a Florida corporation,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2556
Weld County District Court No. 00CR733
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Urtusuastegui,
Defendant-Appellant.
ORDER 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. 08CA2612
Arapahoe County District Court No. 07DR887
Honorable Juanita L. Rice, Judge
In re the Marriage of
Robert James Garcia, Jr.,
and
Lori Ann Garcia,
Appellee,
and Concerning Jennifer A. Rivera,
Attorney-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE NEY*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2649
Summit County District Court Nos. 03CV126, 03CV357 & 04CV80
Honorable David R. Lass, Judge
Gerald Lewis,
Plaintiff-Appellant,
v.
Robert Swenson; Bruce Anderson; Judith Anderson, individually and as Trustee of the Judith A. Anderson Trust dated September 9, 1999; Spring Creek Ranchers Association, Inc., a Colorado nonprofit corporation; Bruce Edward Anderson Trust under trust document February 12, 1987;
Victor Boog; Victor F. Boog & Associates, P.C., a Colorado professional corporation,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED 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. 08CA2656
Jefferson County District Court No. 00CR933
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Charles Anderson,
Defendant-Appellant.
ORDER 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. 08CA2722
City and County of Denver District Court No. 92CR688
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Lee Houston,
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. 09CA0207
Gilpin County District Court No. 08CV83
Honorable Frederic B. Rodgers, Judge
Christopher Hardt,
Petitioner-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles,
Respondent-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. 09CA0386
Routt County District Court No. 07CV108
Honorable Michael A. O’Hara, Judge
Humble Ventures, L.L.C., a Colorado limited liability company,
Plaintiff-Appellee and Cross-Appellant,
v.
The City of Steamboat Springs, a Colorado home rule municipal corporation,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0482
Huerfano County District Court No. 07CV23
Honorable Claude W. Appel, Judge
Shane Burden,
Plaintiff-Appellant,
v.
Colorado Department of Corrections, Mail Tech Pino, D.A. Garcia, and A. Hicks,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0662
Boulder County District Court No. 07CV961
Honorable Maria E. Berkenkotter, Judge
Greg Sembower,
Plaintiff-Appellee and Cross-Appellant,
v.
Terry L. Black,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
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. 09CA0743
Jefferson County District Court No. 05CR2603
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Chester Leroy Trykowski,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WTH DIRECTIONS
Division B
Russel, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1047
Adams County District Court No. 01CR430
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael W. Bingham,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Gabriel, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1157
Montrose County District Court No. 08DR171
Honorable James Schum, Judge
In re the Marriage of
Christine Marie Allen,
Appellee,
and
Jonathan Edward Allen,
Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE NIETO*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1490
City and County of Denver District Court No. 93CR1616
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Elmer Marsh,
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. 09CA1530
Grand County District Court No. 09DR19
Honorable Mary C. Hoak, Judge
In re the Parental Responsibilities Concerning K.R.T., a Child,
and Concerning Sean Robert Curran,
Appellant,
and
Tina Sue Thelander,
Appellee.
ORDER AFFIRMED
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. 09CA1531
Garfield County District Court No. 04CR165
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rosalino Hernandez,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2375
City and County of Denver Juvenile Court No. 07JV623
Honorable Donna Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.W. and X.W., Children,
and Concerning C.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GABRIEL
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2541
Industrial Claim Appeals Office of the State of Colorado
DD No. 26092-2009
St. John’s Lutheran School,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kristin D. Clay,
Respondents.
APPEAL DISMISSED
Division V
Opinion by JUDGE RUSSEL
Graham and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2579
Industrial Claim Appeals Office of the State of Colorado
DD No. 27756-2009
Sheila M. Lamb,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and S B & G Cartage Inc.,
Respondents.
ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE LICHTENSTEIN
Graham and Russel, 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. 07CA0818
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Samuel Lee Cordle,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0935
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerald Kenneth Jorgensen,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0999
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis W. McCullough,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1112
Rita H. Richmond,
Petitioner,
v.
Industrial Claim Appeals Office and Spherion Atlantic Enterprises, Inc.,
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.