ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JANUARY 13, 2011
“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.
U N P U
B L I S H E D O P I N I O N S
Court of Appeals No. 07CA2534
Douglas County District Court No. 06CR526
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry D. Barnes,
Defendant-Appellant.
JUDGMENTS AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Miller and Nieto*, JJ., concur
Court of Appeals No. 08CA0453
City and County of Denver District Court No. 06CR1631
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James L. Anderson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE NIETO*
Dailey and Miller, JJ., concur
Court of Appeals No. 08CA1192
Adams County District Court No. 91CR1638
Honorable C. Vincent Phelps, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence William Fitzgerald,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
Court of Appeals No. 08CA1401
Pueblo County District Court No. 03CR1410
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Michael Radloff,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1539
El Paso County District Court No. 07CR1196
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leo Simmons,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1681
City and County of Denver District Court No. 07CR3420
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin Lee Smith,
Defendant- Appellant.
SENTENCES VACATED AND CASE
REMANDED WITH DIRECTIONS
Division B
Opinion by JUDGE LICHTENSTEIN
Webb and Richman, JJ., concur
Court of Appeals No. 08CA1858
City and County of Denver District Court No. 07CR2498
Honorable Christine Marie Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan Goodwin,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTONS
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2102
Weld County District Court No. 08CR184
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Lynn Jenkins,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2288
City and County of Denver District Court No. 07CR3358
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alan Brent Haddan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2530
El Paso County District Court No. 08CR9
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Cornelius Jones,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Miller and Nieto*, JJ., concur
Court of Appeals No. 08CA2668
Weld County District Court No. 07CR2284
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gilbert Bryan Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Dailey and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0024
Weld County District Court No. 07CR1759
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Wesley Davis,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE Márquez*
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0282
City and County of Denver District Court No. 08CV9599
Honorable William D. Robbins, Judge
Union Missionary Baptist Church,
Plaintiff-Appellee,
v.
Union Baptist Church, Dr. Gregory Johnson, Helen Ward, James Anderson, and Margaret Bass,
Defendants-Appellants.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BOORAS
Webb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0622
Jefferson County District Court No. 03CR812
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua J. Vigil,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0700
Eagle County District Court No. 98CV372
Honorable Frederick W. Gannett, Judge
Joel L. Israel, trustee of the Joel L. Israel Revocable Trust and assignee of plaintiff,
Plaintiff-Appellee,
v.
Anglo America Consolidated Corporation; Conejos Advisors Co.; Apishapa Management, Inc.; Sangre Consultants, Inc.; and Jeff Tucker,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1175
Weld County District Court No. 01CR849
Honorable James F. Hartmann, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keith E. Frazier,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1698
City and County of Denver District Court No. 08CV8952
Honorable Herbert L. Stern, III Judge
Leida Ines Mojica Ocasio,
Plaintiff-Appellant,
v.
Cherry Creek Tennis & Sailing Club, L.L.C. and Weidner Investment Services, Inc.,
Defendants-Appellees.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Hawthorne and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1901
El Paso County District Court No. 97CR2838
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Chayne Williams,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2118
City and County of Denver District Court No. 08CR554
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dwayne DeShaun Buckner,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2211
City and County of Denver Probate Court No. 07PR1289
Honorable C. Jean Stewart, Judge
In re the Estate of Diane Walters, deceased.
Shareq Khan,
Claimant-Appellant,
v.
Elizabeth Walters, Personal Estate Representative,
Appellee,
and
Richard Johnson,
Attorney-Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Furman and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2336
Boulder County District Court No. 05CR1553
Honorable M. Gwyneth Whalen, Judge
Honorable Lael E. Montgomery, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Quinn,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2367
Adams County District Court No. 08CR2679
Honorable Francis Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Aaron Puente-Chavira,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2442
City and County of Denver District Court No. 07CR126
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Todd Haden,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Gabriel and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2445
Arapahoe County District Court No. 05CR3097
Honorable J. Mark Hannen, Judge
In re the Marriage of
Alan C. Jones,
Appellant,
and
Margaret M. Jones, n/k/a Margaret M. Linskey,
Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE RICHMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2622
Adams County District Court No. 08CV1528
Honorable Katherine R. Delgado, Judge
William L. Bunch, a/k/a Bill Bunch,
Plaintiff-Appellant,
v.
L. Kearby Cotter, a/k/a Kearby Cotter, d/b/a Cotter Properties,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0234
City and County of Denver District Court No. 09CR1152
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory Scott Carter,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE GABRIEL
Taubman and Sternberg*, JJ., concur
Court of Appeals No. 10CA0254
Colorado Civil Rights Commission
CR 2008-0012
American Legion, Forbes-McKay Post #109,
Respondent-Appellant,
v.
Colorado Civil Rights Commission,
Appellee,
and
Sandi Meier,
Complainant.
ORDER AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0258
El Paso County District Court No. 07CR1628
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Thomas Canfield, Jr.,
Defendant-Appellant.
ORDER Affirmed
Division VI
Opinion by JUDGE ROMán
Hawthorne and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0657
Pueblo County District Court No. 05JV89
Honorable Deborah R. Eyler, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.R., a Child,
and Concerning I.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE WEBB
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0700
El Paso County District Court No. 07DR4
Honorable Scott A. Sells, Judge
In re the Marriage of
Julie Ann Nicks,
Appellant,
and
Lance C. Nicks,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0925
Adams County District Court No. 09JV249
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.F.J., a Child,
and Concerning C.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0958
Industrial Claim Appeals Office of the State of Colorado
DD No. 30241-2009
Town of Parker, State of Colorado,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and William F. Wright,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Dailey and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0960
City and County of Denver District Court No. 08CR5131
Honorable Edward D. Bronfin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kerry Vernell Nelson,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Montrose County District Court No. 07DR135
Honorable James W. Schum, Judge
In re the Marriage of
Daniel Anthony Tirone,
Appellee,
and
Nancy Rosalie Tirone,
Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1031
Adams County District Court No. 09JV75
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.S.D. and A.R.D., Children,
and Concerning H.Y.D. and J.S.D.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Miller and Ney*, JJ., concur
Court of Appeals No. 10CA1080
Industrial Claim Appeals Office of the State of Colorado
DD No. 10161-2010
Roni Rocha,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mobile One Truck Repair, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1250
Industrial Claim Appeals Office of the State of Colorado
DD No. 13079-2010
Quintalon Corporation,
Petitioner,
v.
,
Industrial Claim Appeals Office of the State of Colorado and Juanita Espinoza,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Criswell*, J.J., concur
Court of Appeals No. 10CA1431
Industrial Claim Appeals Office of the State of Colorado
DD No. 14969-2010
Granite Properties Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hassan M. Moussa,
Respondents.
ORDER AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Criswell* and Kapelke*, JJ., concur
Court of Appeals No. 10CA1612
Industrial Claim Appeals Office of the State of Colorado
DD No. 7164-2010
Daisy L. Ruiz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Crane & Hoist Sales, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Kapelke*, J., concur
Court of Appeals Nos. 10CA1660 & 10CA1697
Adams County District Court No. 09JV295
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.P. and P.P., Children,
and Concerning B.P. and V.M.,
Respondents-Appellants.
JUDGMENTS AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1708
Industrial Claim Appeals Office of the State of Colorado
D.D. No. 4870-2010
Wayman A. West,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Falcon School District 49,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE J. JONES
Webb and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1820
Industrial Claim Appeals Office of the State of Colorado
DD No. 17554-2010
Doug W. Horsey,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Steve Berk Plumbing & Heating Inc.,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CRISWELL*
Casebolt and Loeb, JJ., concur
Court of Appeals No. 10CA1870
Mesa County District Court No. 08JV356
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.L.L., J.E.L., R.M.L., and M.J.L., Children,
and Concerning R.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE NEY*
Dailey and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2061
Industrial Claim Appeals Office of the State of Colorado
DD No. 23417-2010
Selene G. Arvizo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Lehrer’s Flowers Inc.; and American Cost Control, LLC, as Authorized Representative of Lehrer’s Flowers, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, 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. 09CA0355
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Albert Lee Pacheco,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA0659
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sammy Michael Alvarez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1932
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Lee Smith,
Defendant-Appellant.
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2010.