ANNOUNCEMENTS
COLORADO COURT OF APPEALS
June 16, 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. 05CA2125
Arapahoe County District Court No. 04CR395
Honorable Vincent R. White, Judge
Honorable James F. Macrum, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leantione Currie,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0399
Garfield County District Court No. 06CV391
Honorable James B. Boyd, Judge
Gypsum Ranch Co. LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
Board of County Commissioners of the County of Garfield, State of Colorado, a quasi-municipal corporation,
Defendant,
and
Antero Resources II Corporation, a Delaware corporation doing business in Colorado as Antero Resources Corporation; and Department of Transportation, State of Colorado, an entity of the State of Colorado, as successor in interest to the Colorado Department of Highways,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Graham and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0517
City and County of Denver District Court Nos. 06CR10568 & 06CR10569
Honorable Sheila A. Rappaport, Judge
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Apolonio Castorena-Guerrero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Furman and Ney*, JJ., concur
Court of Appeals No. 08CA0797
Jefferson County District Court No. 04CR3457
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Eugene Tucker,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0942
Arapahoe County District Court No. 85CR979
Honorable J. Mark Hannen, Judge
Honorable Paul R. McLimans, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Melvin Kube,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
SENTENCES AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1943
Larimer County District Court No. 07CR1678
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Alan Tonsing,
Defendant-Appellant.
JUDGMENT VACATED
Division V
Opinion by JUDGE CARPARELLI
Russel and Román, JJ., concur
Court of Appeals No. 08CA2083
City and County of Denver District Court No. 07CR6582
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Edward Jorgenson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2555
Douglas County District Court No. 80CR68
Honorable Richard B. Caschette, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert M. Williams,
Defendant-Appellant.
ORDER Affirmed
Division V
Opinion by JUDGE ROMán
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2629
City and County of Denver District Court No. 07CR4192
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Phillip Pierce,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0067
Jefferson County District Court No. 89CR148
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip R. Moore,
Defendant-Appellant.
Order Affirmed
Division B
Roy, Russel, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0082
Weld County District Court No. 07CR1484
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan Valdez,
Defendant-Appellant.
ORDERS AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
Court of Appeals No. 09CA0971
Adams County District Court No. 03CR820
Honorable Thomas R. Ensor, Judge
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allen Toner,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1345
El Paso County District Court No. 08CR298
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Walter John Hankins,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FOX
Bernard and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1724
City and County of Denver District Court No. 01CR3779
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Mudick,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
J. Jones and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1790
Chaffee County District Court No. 07DR92
Honorable Charles M. Barton, Judge
In re the Marriage of
Erna Louise McCorkindale Sanchez,
Appellant,
and
Michael James Sanchez,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FOX
Casebolt and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1928
Fremont County District Court Nos. 02CR2824 & 02CR2825
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Buchanan, III,
Defendant-Appellant.
AND CASE REMANDED
Division B
Roy, Russel, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2191
Arapahoe County District Court No. 08DR989
Honorable J. Mark Hannen, Judge
In re the Marriage of
Christopher Alan Habig,
Appellee,
and
Betty Ann Habig, n/k/a Betty Ann Hamilton,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE KAPELKE*
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2702
Adams County District Court No. 08CR149
Honorable Thomas R. Ensor, Judge
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michelle Palmer,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Russel and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0070
Jefferson County District Court No. 08CR1998
Honorable Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sean Eric Cotter,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Russel, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0206
Larimer County District Court No. 98CR1557
Honorable J. Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Roy Vincent,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0373
City and County of Denver District Court No. 06CR1192
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Carl Peace,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUSTICE ROVIRÁ
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0390
Boulder County District Court No. 09CV563
Honorable Thomas F. Mulvahill, Judge
Lynn Rayback, as Trustee of the Orchard Real Estate Trust,
Plaintiff-Appellant,
v.
Lily Rayback and Lucy Neitenbach,
Defendants-Appellees.
APPEAL DISMISSED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1082
El Paso County District Court No. 02DR1460
Honorable Deborah J. Grohs, Judge
In re the Marriage of
Henry Yates,
Appellant,
and
Angela Yates,
Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 10CA1195
El Paso County District Court No. 08DR4259
Honorable Timothy J. Simmons, Judge
In re the Marriage of
Carol Skivington,
Petitioner,
and
Paul Skivington,
Appellant,
and Concerning,
El Paso County Child Support Enforcement Unit,
Intervenor-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1239
City and County of Denver Probate Court No. 09PR103
Honorable C. Jean Stewart, Judge
In the Matter of the Estate of Robert S. Bacca, Deceased.
Robert Leon Bacca,
Appellant,
v.
Cynthia Carmichael, Personal Representative,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1518
Boulder County District Court Nos. 04PR43 & 05CV2475
Honorable Thomas Mulvahill, Judge
In re the Estate of Benjamin Bennoun, Deceased.
Miriam Rosenberg, individually and as trustee of the Benjamin Bennoun Trust,
Plaintiff-Appellee,
v.
Philip D. Geil,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED with directions
Division V
Opinion by JUDGE ROMán
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1590
Douglas County District Court No. 08DR63
Honorable Angela R. Arkin, Judge
In re the Marriage of
Melissa L. Evans, f/k/a Melissa L. Daldegan,
Appellee,
and
David J. Daldegan,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE NEY*
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1758
Industrial Claim Appeals Office of the State of Colorado
DD No. 13147-2010
Christopher J. Manning,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Murray Motor Imports Company,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2053
Arapahoe County District Court No. 05CR2199
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Andrew Crawford,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE GABRIEL
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2367
Fremont County District Court No. 99CR450
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory D. Thomas,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Russel, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2429
El Paso County District Court No. 09JV605
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.T., a Child,
and Concerning B.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0264
City and County of Denver Juvenile Court No. 09JV2149
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.D.V. and W.A.V., Children,
and Concerning R.L.W. and D.V.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MÁRQUEZ
Davidson, C.J., and Rovirá, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0295
Industrial Claim Appeals Office of the State of Colorado
DD No. 33821-2010
Shawn R. House,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hi Plains Sunflower Company, LLC,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROTHENBERG*
Hawthorne, and Lichtenstein, JJ., concur
Court of Appeals No. 11CA0336
Industrial Claim Appeals Office of the State of Colorado
DD No. 37157-2010
Debra F. McNeil,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hilton Worldwide, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0517
Industrial Claim Appeals Office of the State of Colorado
DD No. 37246-2010
Deeann Collazo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Complete Home Health Care, LLC,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
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. 08CA2652
The People of the State of Colorado,
Respondent,
v.
Joe Tony Sanchez,
Petitioner.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0093
Mathers Family Trust; William H. Mathers; Myra M. Mathers; Thomas E. Carpenter Trust; Margaret M. Carpenter Trust; Robert Hall; and Gianpaolo Callioni,
Plaintiffs-Appellants,
v.
Charles Reed Cagle; Joseph D. Kinlaw; Heartland Energy of Colorado, LLC; Steve Ziemke; Brandon Davis; John Schiffner; Joel Held; Martin Harper; HEI Resources, Inc., f/k/a Heartland Energy, Inc.; Heartland Energy Development Corp.; Reed Petroleum, LLC; D. Deerman, Ltd.; and R&J Associates, Inc.,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
Announced May 12, 2011
Court of Appeals No. 10CA1057
Northstar Project Management, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
DLR Group, Inc., a Colorado corporation,
Defendant-Appellant.
Petition for Rehearing DENIED
J. Jones, J., would GRANT
Court of Appeals No. 10CA2565
Jay D. Penington,
Petitioner
v.
Industrial Claim Appeals Office of the State of Colorado and SDH Services West, LLC,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0592
Jesus Munoz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, JBS Swift & Company, and Zurich American Insurance Company,
Respondents.
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.