ANNOUNCEMENTS
COLORADO COURT OF APPEALS
May 26, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA0759
City and County of Denver District Court No. 05CR1067
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Sandoval-Candelaria
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Carparelli, J., concurs
Gabriel, J., specially concurs
Court of Appeals No. 09CA1917
Logan County District Court No. 09CV3
Honorable Michael K. Singer, Judge
William Garcia,
Plaintiff-Appellant,
v.
Executive Director, CDOC and Warden, and the Sterling Correctional Facility,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Webb, J., concur
TO C.A.R. 35(f)” April 7, 2011, IS NOW PUBLISHED
Court of Appeals No. 09CA2786
City and County of Denver District Court No. 06CV5037
Honorable Robert L. McGahey, Judge
Rick Weston,
Intervenor-Appellee,
v.
T&T, LLC,
Defendant-Appellant.
Judgment affirmed in part, vacated in part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Furman and Plank*, JJ., concur
Court of Appeals No. 10CA0325
El Paso County District Court No. 08JV184
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.H., a Child,
and Concerning G.H.,
Respondent-Appellant.
JUDGMENT AND ORDER REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE LICHTENSTEIN
Dailey and J. Jones, JJ., concur
Court of Appeals No. 10CA0803
City and County of Denver District Court No. 09CV5434
Honorable Robert S. Hyatt, Judge
Sherry M. Timm,
Plaintiff-Appellant,
v.
Prudential Insurance Company of America, a/k/a Prudential Financial, a/k/a Prudential Disability Management Services,
Defendant-Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
Court of Appeals No. 10CA1139
El Paso County District Court No. 09CV3323
Honorable Theresa M. Cisneros, Judge
Jeff C. Strunk,
Plaintiff-Appellant,
v.
Eric S. Goldberg,
Defendant-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
Court of Appeals No. 10CA1887
Montrose County District Court No. 06CV18
Honorable James W. Schum, Judge
One Creative Place, LLC, a Colorado limited liability company, and JetAway Aviation, LLC, a Colorado limited liability company,
Plaintiffs-Appellees,
v.
Jet Center Partners, LLC,
Intervenor-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, 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. 07CA1892
Mesa County District Court No. 05CR2090
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Morfin,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Furman and Ney*, JJ., concur
Court of Appeals No. 08CA0089
Jefferson County District Court No. 06CR3397
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Johnathon Alfred Edmonds,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0856
Boulder County District Court No. 04CR257
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dustin Edward McDaniel,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1833
City and County of Denver District Court No. 06CR7775
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Homero I. Coronado,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2398
Arapahoe County District Court No. 02CR2049
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Glenn Leonard Hernet,
Defendant-Appellant.
ORDER Affirmed
Division V
Opinion by JUDGE ROMán
Carparelli and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2434
Larimer County District Court No. 06CR1711
Honorable John David Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Juda,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 09CA0032
El Paso County District Court No. 00DR3896
Honorable Rebecca S. Bromley, Judge
In re the Marriage of
Evelyn Jane Flanders, n/k/a Evelyn Jane Lawrence,
Appellee,
and
Gary Woodrow Flanders,
Appellant.
JUDGMENT VACATED IN PART, VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE PLANK*
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1218
El Paso County District Court No. 02CR2606
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick E. Turner,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 09CA1250
Adams County District Court No. 08CR1502
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Edward Johnson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1436
City and County of Denver District Court No. 99CV2960
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reynoldo Luna Flores, a/k/a Randy Flores,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE PLANK*
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1520
Weld County District Court No. 06CR235
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Darral Regnier,
Defendant-Appellant.
Sentence affirmed
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1719
Jefferson County District Court No. 08CR1868
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Neil Eugene Roggow,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne, J., concurs
Booras, J., dissents
Court of Appeals No. 09CA1778
El Paso County District Court No. 04CR3301
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis Lavece Lilly,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 09CA1853
Jefferson County District Court No. 08CR1750
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Allen Stadler,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1929
El Paso County District Court No. 09CV256
Honorable William G. Trujillo, Magistrate
Kelly A. Stack,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
Prior Opinion Announced May 19, 2011, WITHDRAWN
Court of Appeals No. 09CA2773
Mesa County District Court No. 07CR2043
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles David McEachern,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Hawthorne, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0284
Jefferson County District Court No. 04CR1488
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Mark Ponis,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0497
El Paso County District Court No. 08CV2150
Honorable Theresa M. Cisneros, Judge
Leigh Wilde,
Plaintiff-Appellee and Cross-Appellant,
v.
Forest View Acres Water District, a quasi-municipal corporation,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 10CA0558
Jefferson County District Court No. 09CV1330
Honorable Dennis J. Hall, Judge
Colorado Capital Bank, Inc.,
Plaintiff-Appellee,
v.
Phillip Andrew Wolf,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0761
Weld County District Court No. 09CR40
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonny Ontiveros,
Defendant- Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0804
Las Animas County District Court No. 08CV31
Honorable Claude W. Appel, Chief Judge
Amy Espinoza, Elsa Martinez, Karen Carr, Brian Phipps, and Gary Ehrhardt,
Plaintiffs-Appellants,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Furman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0991
City and County of Denver District Court No. 01CR503
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Bodison,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1401
La Plata County District Court No. 08PR4
Honorable Jeffrey R. Wilson, Judge
In Re the Estate of Timothy Dale Allison, deceased.
Shirley Allison, as interested party in the Estate of Timothy Dale Allison; and Gary Allison, as interested party and the former Personal Representative of the Estate of Timothy Dale Allison,
Appellants,
v.
Jessica Tambre, individually and as the current Personal Representative of the Estate of Timothy Dale Allison,
Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1470
El Paso County District Court No. 09JV1298
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
and
M.M.,
Respondent-Appellee,
In the Interest of M.M., a Child,
and Concerning W.C.,
Respondent-Appellant.
ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1605
Ouray County District Court No. 10CV47
Honorable James S. Patrick, Judge
Federal Deposit Insurance Corporation, as receiver for IndyMac Bank, FSB,
Plaintiff-Appellee,
v.
James T. Argys and Janell A. Argys,
Defendants-Appellants.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2180
City and County of Broomfield District Court No. 10CR175
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matt Joe Weber,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0001
Jefferson County District Court No. 09JV1202
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.Y., a Child,
and Concerning B.Y.,
Respondent-Appellant.
APPEAL DISMISSED IN
PART AND JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0003
Arapahoe County District Court No. 07CR3325
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
James Willard Washam, III,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE PLANK*
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0098
El Paso County District Court No. 09JV5
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.K. IV, Z.M., and S.M, Children,
and Concerning Q.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0340
Adams County District Court No. 10JV144
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.D., a Child,
and Concerning D.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0432
Industrial Claim Appeals Office of the State of Colorado
DD No. 35027-2010
Ellen B. Roberts,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Safeway Stores, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 11CA0600
Industrial Claim Appeals Office of the State of Colorado
DD No. 38418-2010
Sheila R. Garcia,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Porter Industries Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
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. 06CA1751
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Lamont Brown,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 06CA2251
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nancy Whittaker,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1618
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Crystal Lynn Mawson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2556
Paul Kozik,
Plaintiff-Appellant,
v.
Allan L. Hale; Amanda Atkinson Bradley, a/k/a Amanda S. Atkinson; and Hale Friesen, LLP, f/k/a Hale Hackstaff Friesen, LLP,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0850
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael H. Straub,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0204
John E. Schwartz, on behalf of his minor grandchildren, Cody L. Schwartz and Jacob W. Schwartz,
Plaintiff-Intervenor-Appellee,
v.
Colorado Department of Transportation,
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. 2010.