ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 26, 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. 07CA0785
Jefferson County District Court No. 05CR4190
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Dios Saiz,
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)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2380
Arapahoe County District Court No. 06CR2021
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brent Stafford Rouse,
Defendant-Appellant.
JUDGMENTS REVERSED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE NIETO*
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0085
Weld County District Court No. 06CR92
Honorable Gilbert A. Gutierrez, Judge
Honorable Jonathan W. Hays, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandon J. Bradshaw,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY
Casebolt, J., concurs
Furman, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0189
Mesa County District Court No. 07CR288
Honorable Valerie J. Robinson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
A.J. McDuff,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUSTICE ROVIRA*
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0247
Teller County District Court No. 07CR14
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Neil Atkins,
Defendant-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. 08CA0457
Eagle County District Court No. 04CR370
Honorable R. Thomas Moorhead, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Manzi,
Defendant-Appellant.
JUDGMENT REVERSED IN PART AND
CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0737
City and County of Denver District Court No. 06CR5964
Honorable John W. Madden, IV, Judge
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenyetta Moreland,
Defendant-Appellant.
JUDGMENT 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. 08CA1085
Mesa County District Court No. 08CR168
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey C. Billings,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND SENTENCE 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. 08CA1807
City and County of Denver District Court No. 07CR6568
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John David Bozeman, Jr.,
Defendant-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. 08CA2011
Teller County District Court No. 06CR185
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Boetger,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Hawthorne and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2103
City and County of Denver District Court No. 07CR7062
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce Edward Peterson,
Defendant-Appellant.
JUDGMENT AND ORDERS 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. 08CA2522
City and County of Denver District Court No. 08CV458
Honorable Larry J. Naves, Judge
Jeromeyo Hill,
Plaintiff-Appellant,
v.
Colorado Department of Corrections and Aristedes W. Zavaras,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED 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. 09CA0026
Arapahoe County District Court No. 06CV703
Honorable Michael J. Spear, Judge
Catarino Duque and Olivia Duque,
Plaintiffs-Appellants and Cross-Appellees,
v.
Aspen Equestrian Estates, LLC, a Colorado limited liability corporation,
Defendant-Appellee and Cross-Appellant,
and
John Watson; Local Service Corporation, a foreign corporation; and American Family Insurance,
Third-Party Defendants-Appellees.
JUDGMENT AFFIRMED, ORDERS AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE MILLER
Graham and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0176
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-385-490 and W.C. 4-728-064
Michelle Felix,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and City and County of Denver,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Webb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0240
City and County of Denver District Court No. 08CR2124
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Markeem K. Adbul,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Bernard and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0492
Mesa County District Court No. 08CR554
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert J. Hakel,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Carparelli and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0520
Eagle County District Court No. 08CV153
Honorable R. Thomas Moorhead, Judge
Dean G. Taylor,
Plaintiff-Appellant,
v.
Peter Knobel and Crossroads 2E, LLC,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0588
Mesa County District Court No. 01CR1059
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Dean Brown,
Defendant-Appellant.
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. 09CA0608
Adams County District Court No. 06CR1597
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Evert Raymond Wells,
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. 09CA0827
Jefferson County District Court No. 06CR301
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Koaronn Terell Gordon,
Defendant-Appellant.
SENTENCE 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. 09CA0955
El Paso County District Court No. 05CV4242
Honorable David A. Gilbert, Judge
Steven M. Hutchison,
Plaintiff-Appellee,
v.
Kent R. Murray and Concrete Creations of Colorado Springs, LLC,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1462
El Paso County District Court No. 07CV3451
Honorable Scott A. Sells, Judge
Alan Sidman and Sheryl Sidman,
Plaintiffs-Appellees,
v.
Michael Sidman and Renee Sidman,
Defendants-Appellants.
ORDER REVERSED
Division IV
Opinion by JUDGE CARPARELLI
Dailey and Rovira*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1619
El Paso County District Court No. 06CV3893
Honorable Theresa M. Cisneros, Judge
Richard Blair, individually; Richard Blair, d/b/a RV Land; Rylan Blair; and Phoebe Paetsch,
Plaintiffs-Appellants,
v.
Cannell, LLC, a Colorado corporation; and Ed Tickel,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1643
Larimer County District Court No. 06CV1100
Honorable Dave Williams, Judge
Steven Wyatt, Christine Wyatt, and Ace Royalties, LLC,
Plaintiffs-Appellees,
v.
Paul A. Burns, Wayne K. West, Wortham Oil and Gas Enterprises, LLC, a/k/a Wortham Oil and Gas Exploration, LLC, a Texas limited liability corporation,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Lichtenstein and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1931
El Paso County District Court No. 05CR2163
Honorable David S. Prince, Judge,
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marlon J. Pearce,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2010
Chaffee County District Court No. 06CV29
Honorable Charles M. Barton, Judge
John M. Cogswell and Ann F. Cogswell,
Plaintiffs-Appellants and Cross-Appellees,
v.
Ronald J. Oehl,
Defendant-Appellee and Cross-Appellant.
ORDER VACATED 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. 09CA2064
Arapahoe County District Court No. 87CR380
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur J. Moore,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Loeb, Román and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2282
Kit Carson County District Court No. 09CV38
Honorable Douglas R. Vannoy, Judge
Shawn D. Allen,
Plaintiff-Appellant,
v.
Hoyt Brill, Warden; and Lt. Phillips, Hearing Officer,
Defendants-Appellees.
JUDGMENT 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. 09CA2794
Kit Carson County District Court No. 09CV42
Honorable Michael K. Singer, Judge
Shawn D. Allen,
Plaintiff-Appellant,
v.
Hoyt Brill, Warden; and Executive Director DOC,
Defendants-Appellees.
JUDGMENT 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. 10CA0012
Industrial Claim Appeals Office of the State of Colorado
DD No. 32063-2009
Chuck’s Contract Labor Service, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Robert T. Stanford,
Respondents.
Order Affirmed
Division III
Opinion by JUDGE ROY
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0261
Adams County District Court No. 09JV20
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.M.F. and W.C.F., Jr., Children,
and Concerning J.L.A.,
Respondent-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. 10CA0438
Industrial Claim Appeals Office of the State of Colorado
DD No. 39535-2009
Rent Club, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and David S. Fine,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J. and Sternberg*, 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. 07CA2255
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Anthony Gross,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0334
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith Clayton Brooks, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA0388
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Quentin Parris Waters,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1897
Mindy Riebe,
Plaintiff-Appellant,
v.
Mountain States Mutual Casualty Company,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1621
In re the Marriage of
Kimberly Tousignaut, n/k/a Kimberly M. Lund,
Appellee,
and
Scott D. Tousignaut,
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.