ANNOUNCEMENTS
COLORADO COURT OF APPEALS
May 20, 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. 06CA1716
El Paso County District Court No. 04CV1053
Honorable G. David Miller, Judge
William Lancaster Smith, Jr. SEP IRA, by and through its custodian, Colorado East Bank and Trust,
Plaintiff-Appellant,
v.
Dash Directory, Inc. and Willard L. Hathcock, individually,
Defendants-Appellees.
APPEAL DISMISSED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Márquez*, JJ., concur
Prior Opinion Announced December 24, 2009, WITHDRAWN
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1831
City and County of Denver District Court No. 05CV5487
Honorable Sheila A. Rappaport, Judge
Travis Downs,
Plaintiff-Appellee and Cross-Appellant,
v.
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
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)
Court of Appeals No. 08CA0087
Larimer County District Court No. 07CR162
Honorable James H. Hiatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin David Guidry,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE RICHMAN
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0154
City and County of Denver District Court No. 07CR3725
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Patrick Baca,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0831
El Paso County District Court No. 07CR2896
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sean Christopher Russell,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0879
City and County of Denver District Court No. 07CR1287
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zachary Mondragon,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
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. 08CA1492
El Paso County District Court No. 07CR308
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Demetrius Thomas,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1493
Mesa County District Court No. 07CR1080
Honorable Brian James Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tammie Reed,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1620
Jefferson County District Court No. 04CR67
Honorable M.J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Venus Cameron,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1826
Weld County District Court No. 07CR1882
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Elbert Hughley,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1897
City and County of Denver District Court No. 06CV3249
Honorable William D. Robbins, Judge
Mindy Riebe,
Plaintiff-Appellant,
v.
Mountain States Mutual Casualty Company,
Defendant-Appellee.
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. 08CA1935
Adams County District Court No. 07CR900
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Patrick Shawn McGinley,
Defendant-Appellant.
Judgment affirmed in part, vacated in part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2082
Weld County District Court No. 07CR32
Honorable James Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Porras-Gonzales,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0074
Lincoln County District Court No. 07CR75
Honorable P. Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Jose Chacon-Posada,
Defendant-Appellee.
APPEAL DISMISSED
Division III
Opinion by JUDGE ROMÁN
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0205
El Paso County District Court No. 08DR243
Honorable Barney Iuppa, Judge
In re the Marriage of
Abhay Nilkanth Shastri,
Appellant,
and
Leena Abhay Shastri,
Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GRAHAM
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0221
Weld County District Court No. 07CV426
Honorable Daniel S. Maus, Judge
SMT Investors Limited Partnership, an Arizona limited partnership; Mt. Baldy Limited Partnership, an Arizona limited partnership; Neal Management, LLC, an Arizona limited liability company, SCM-GRP Erie, II, LLLP, an Arizona limited liability limited partnership; SCM-GOODSIJN, LLLP, an Arizona limited liability limited partnership; SCM-LOWRIE, LLLP, an Arizona limited liability limited partnership; SCM-HESS Myers, LLLP, an Arizona limited liability limited partnership; SCM-NEIL, II, LLP, an Arizona limited liability limited partnership; and SCM-POG, LLLP, an Arizona limited liability limited partnership;
Plaintiffs-Appellees,
v.
Town of Frederick, Colorado, a Colorado municipal corporation; Eric E. Doering, in his capacity as Mayor of the Town of Frederick, Colorado, and Board of Trustees of Frederick, Colorado,
Defendants-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0250
Mesa County District Court No. 08CR329
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bobby Lloyd Mestas,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Dailey and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0352
Eagle County District Court No. 99CR35
Honorable Robert T. Moorhead, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
René Moroe,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0639
Weld County District Court No. 05CR1326
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tommy Lee Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0699
Jefferson County District Court No. 04CR3398
Honorable Brian D. Boatwright, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Louis Junior Warren,
Defendant-Appellant.
ORDER AFFIRMED
Opinion by JUDGE HAWTHORNE
Dailey and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0898
City and County of Denver District Court No. 08CV8797
Honorable Anne Marie Mansfield, Judge
Wayne A. Bethurum,
Plaintiff-Appellant,
v.
Colorado Attorney General, SOMB Board, and Ari Zavaras, Executive Director CDOC,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1036
Colorado State Personnel Board No. 09B 021
Gerald Vigil,
Petitioner-Appellee,
v.
Department of Corrections and State Personnel Board
Respondents-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1072
Adams County District Court No. 05CV1091
Honorable C. Scott Crabtree, Judge
David Leigh,
Plaintiff-Appellant,
v.
Esther Hannon,
Defendant-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1117
City and County of Denver District Court No. 08DR1811
Honorable Robert S. Hyatt, Judge
In re the Marriage of
Ferydoon Asgari,
Appellee,
and
Ameneh Moghaddam,
Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1214
El Paso County District Court No. 09CV2000
Honorable William G. Trujillo, Judge
Andre Demetrius Jones,
Petitioner-Appellee,
v.
The People of the State of Colorado,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1225
City and County of Denver District Court No. 08CV9049
Honorable Sheila A. Rappaport, Judge
John Geisler,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1470
Montrose County District Court No. 08CV100
Honorable Jeff B. Herron, Judge
Southwest Real Estate Services, Inc.,
Plaintiff-Appellant,
v.
Sandra E. Brasier,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1553
El Paso County District Court No. 08CR1225
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Duran,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1621
Arapahoe County District Court No. 99DR2268
Honorable Robert H. Russell, Judge
In re the Marriage of
Kimberly Tousignaut, n/k/a Kimberly M. Lund,
Appellee,
and
Scott D. Tousignaut,
Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1769
Adams County District Court No. 08CR2233
Honorable Robert S. Doyle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Oscar G. Rivera,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1792
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-741-897
Andres Aguilar,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Colorado Flatwork, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1886
Eagle County District Court No. 08JV14
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.E., a Child,
and Concerning J.V.-C.,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1930
Pueblo County District Court No. 09CV171
Honorable Deborah R. Eyler, Judge
Zippers, LLC, d/b/a Zippers Bar and Grill,
Plaintiff-Appellant,
v.
Pueblo Liquor & Beer Licensing Board,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CONNELLY
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2348
City and County of Denver District Court Nos. 99CR626 & 99CR1286 Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Fogle,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Hawthorne, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2606
City and County of Denver Juvenile Court No. 08JV787
Honorable Thomas E. Levy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.K.G., Child,
and Concerning J.B.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2703
Industrial Claim Appeals Office of the State of Colorado
DD No. 26569-2009
Yunika D. Taylor,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0015
Weld County District Court No. 04JV346
Honorable Elizabeth Strobel, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.M., a Child,
and Concerning J.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0058
City and County of Denver Juvenile Court No. 08JV1258
Honorable John N. McMullen, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.M.T.F., J.D.T.F., and A.C.T.F., Children,
and Concerning P.L.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0263
Mesa County District Court No. 08JV297
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.S.B. and K.B., Children,
and Concerning M.H.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., 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. 06CA1716
William Lancaster Smith, Jr. SEP IRA, by and through its custodian, Colorado East Bank and Trust,
Plaintiff-Appellant,
v.
Dash Directory, Inc. and Willard L. Hathcock, individually,
Defendants-Appellees.
Petitions for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0185
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darcie Elizabeth Esson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0397
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Benjamin Reynolds,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA1130
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Angelo Jose Gonzales,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0678
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Neal Vallejos,
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.