ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 19, 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. 06CA1831
City and County of Denver District Court No. 05CR1104
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Alfred Strock,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Rovira* and Criswell*, JJ., concur
Court of Appeals No. 06CA2252
Jefferson County District Court No. 05CR2488
Honorable Lilly W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bo Richard Warner,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VI
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
Court of Appeals No. 08CA2503
City and County of Denver District Court No. 06CV8182
Honorable Robert L. McGahey, Judge
Cathy Berra,
Plaintiff-Appellee,
v.
Springer and Steinberg, P.C., and Jeffrey A. Springer,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 09CA1645
El Paso County District Court No. 07PR503
Honorable Rebecca S. Bromley, Judge
Kevin McNulty Saunders,
Petitioner-Appellant,
v.
Sondra Muratori, a/k/a Sondra Saunders, in her capacity as trustee and individually; R. Scott Saunders, in his capacity as trustee, d/b/a Arrowhead Preserve, and individually; Lois Ann Saunders, individually; Arrowhead Preserve, LLC, a Colorado limited liability company; Arrowhead Ranch Properties, LLC, a Colorado limited liability company; and Saunders Ventures, RLLLP, a Colorado registered limited liability limited partnership,
Respondents-Appellees.
ORDER AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Russel, JJ., concur
Court of Appeals No. 09CA1824
Eagle County District Court No. 08CV161
Honorable Frederick W. Gannett, Judge
Sensible Housing Co., Inc.,
Plaintiff-Appellant,
v.
Town of Minturn, Colorado; Ginn Battle North, LLC; Ginn Battle South, LLC; and Ginn-LA Battle One, Ltd., LLLP,
Defendants-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE DAILEY
Hawthorne and Márquez*, JJ., concur
Court of Appeals No. 09CA2299
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-759-309
Glen Leffler, d/b/a Skyline Sod, and Pinnacol Assurance,
Petitioners,
v.
Industrial Claim Appeals Office of the State of Colorado and Daniel Lewis,
Respondents.
Order Affirmed
Division III
Opinion by JUDGE ROY
Román and Booras, 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. 05CA1949
City and County of Denver District Court No. 00CR4249
Honorable Lawrence A. Manzanares, Judge
Honorable Sheila A. Rappaport, Judge
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randy Perrian,
Defendant-Appellant.
JUDGMENT AND ORDERS AFFIRMED
Division V
Opinion by JUDGE GABRIEL
Webb and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0257
Morgan County District Court No. 05CR401
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Antonio Torres-Flores,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division II
Opinion by JUDGE FURMAN
Terry and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1349
Fremont County District Court No. 06CR334
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Leroy Williams,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1594
Larimer County District Court No. 06CR1838
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce Wayne Tanner,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TERRY
Furman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1952
La Plata County District Court No. 06CR359
Honorable Jeffrey R. Wilson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ray Vance Ramsey,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2360
El Paso County District Court No. 01CR4389
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Byron Jerome Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE WEBB
Gabriel and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1423
Mesa County District Court No. 02DR520
Honorable David A. Bottger, Judge
In re the Marriage of
Roy Clarence Compton,
Appellant,
and
Natalie Howland, f/k/a Natalie Compton,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Terry and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1581
Jefferson County District Court No. 01CR3088
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Santiago Rodriguez-Rodriguez,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Román and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2176
Jefferson County District Court No. 07CR1787
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael James Craig,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GRAHAM
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2524
City and County of Denver District Court No. 03CR2601
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Lopez, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
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. 09CA0038
Jefferson County District Court No. 08CR839
Honorable Phillip J. McNulty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Corey Chip Burnham,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0375
Jefferson County District Court No. 07CV546
Honorable Jack W. Berryhill, Judge
Lynne M. Elm-Picard,
Plaintiff-Appellee and Cross-Appellant,
v.
Ginger Elm-Picard,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AND ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0807
City and County of Denver District Court Nos. 08CR3686, 08CR3687 & 08CR3688
Honorable John W. Madden, IV, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Gordon Acree,
Defendant-Appellant.
JUDGMENT 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. 09CA1128
Pueblo County District Court No. 07CR781
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Levi Duran,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROMán
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1340
City and County of Broomfield District Court No. 09CV76
Honorable John E. Popovich, Jr., Judge
William Asperi,
Plaintiff-Appellant,
v.
Storage Plus, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1500
Adams County District Court No. 03CR1978
Honorable Harlan R. Bockman, Judge
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eugene Lamorie,
Defendant-Appellant.
APPEAL DISMISSED IN PART, ORDER AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division B
Loeb, J. Jones, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1829
Jefferson County District Court No. 08CV3979
Honorable Jane A. Tidball, Judge
Michael J. Marzonie,
Plaintiff-Appellee,
v.
N. Gayle Brauch and Earl Brauch,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROMán
Roy and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1836
City and County of Denver District Court No. 03CR1377
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
JoJo Hamlin,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE NIETO*
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1874
Jefferson County District Court No. 08DR1402
Honorable Randall C. Arp, Judge
In the Interest of B.B.O., a Child,
Virginia Olds,
Petitioner-Appellee,
and
Gay Lakay Berry,
Respondent-Appellant.
JUDGMENT REVERSED 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.: 09CA2160
Montrose County District Court No. 07CV50
Honorable John J. Mitchel, Judge
Thomas D. Hulet,
Plaintiff-Appellant,
v.
Board of County Commissioners of the County of Montrose; David Ubell, former Montrose County Commissioner; Bill Patterson, Montrose County Commissioner; Allen Belt, Montrose County Commissioner; Warren C. Waterman, former Montrose County Sheriff; Carol L. Kruse, former Montrose County Clerk and Recorder; Robert Hill, Montrose County Attorney; Mark Young Construction, Inc.; David M. Guida, president of Mark Young Construction, Inc.; Tami Sherborne, Human Resources Director for Mark Young Construction, Inc.; Pioneer General Insurance Company; Bruce Lowdermilk, president of Pioneer General Insurance Company; and L. Jay Labe, attorney for Pioneer General Insurance Company,
Defendants-Appellees.
ORDERS 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. 09CA2196
Summit County District Court No. 09CV272
Honorable Karen Ann Romeo, Judge
Joshua Novorr,
Plaintiff-Appellee,
v.
Richard Carroll, Hearing Officer, and Roxy Huber, Executive Director of the Colorado Department of Revenue, Motor Vehicle Division,
Defendants-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2796
Chaffee County District Court No. 09CV51
Honorable Charles M. Barton, Judge
Daniel Dias,
Plaintiff-Appellee,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Buena Vista Correctional Center,
Defendants-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE BOORAS
Roy and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0750
Kit Carson County District Court No. 08JV13
Honorable Kevin Hoyer, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of F.J.M., a Child,
and Concerning R.D.J., a/k/a B.J., and M.J.J.,
Intervenors-Appellants.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Gabriel and Nieto*, 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. 07CA2412
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrian Enrique Sanchez,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 07CA2445
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gayleen Elizabeth Tam,
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.