ANNOUNCEMENTS
COLORADO COURT OF APPEALS
June 30, 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. 08CA0121
Jefferson County District Court No. 07CR373
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Richard Patterson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2242
City and County of Denver District Court No. 05CR75
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Harold Gordon,
Defendant-Appellant.
JUDGMENT 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. 09CA0056
Larimer County District Court No. 04CR2073
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Welch, Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0950
City and County of Denver District Court No. 08CR797
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leroy Herrera,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0988
Pueblo County District Court No. 07CR1415
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Manuel Sierra,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Booras and Nieto*, JJ., concur
Court of Appeals No. 09CA1224
Arapahoe County District Court No. 07CR2180
Honorable Jack F. Smith, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Karl John Devin Kluth,
Defendant-Appellant.
JUDGMENT Affirmed
Division V
Opinion by JUDGE ROMán
Carparelli and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1389
Adams County District Court No. 08CR214
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven J. Chahan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1521
Mesa County District Court No. 08CR1470
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edwin Paul Van Dover.
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Russel and Román, JJ., concur
Court of Appeals No. 09CA1528
Logan County District Court No. 07CR234
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott Stewart Smith,
Defendant-Appellant.
JUDGMENT 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. 09CA1654
El Paso County District Court No. 99CR570
Honorable Robert L. Lowrey, Judge
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Tejan,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1803
Bent County District Court Nos. 08CR8, 09CR1 & 09CR2
Honorable Michael Schiferl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jake Ryan Martinez,
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. 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
Booras and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2401
Weld County District Court No. 08CR1309
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Orozco-Silva,
Defendant-Appellant.
JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2486
Rio Blanco County District Court No. 06CV14
Honorable Denise K. Lynch, Judge
Celeste C. Grynberg,
Plaintiff-Appellant,
v.
Matrix Production Company,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0297
Jefferson County District Court No. 95CR807
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cynthia Gay Vereecke, a/k/a Royce,
Defendant-Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE WEBB
Casebolt and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0541
Jefferson County District Court No. 01CR1382
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Robert Blair, III,
Defendant-Appellant.
Order affirmed and case
remanded with directions
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0577
Pueblo County District Court No. 08CR1393
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald L. Huston,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0650
Jefferson County District Court Nos. 80CR122 & 82CR498
Honorable Ruthanne Polidori, Judge
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory C. Reed,
Defendant-Appellant.
ORDERS AFFIRMED
Division B
Casebolt, Roy, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0709
Jefferson County District Court No. 09CV396
Honorable Philip J. McNulty, Judge
Holly Speaks,
Plaintiff-Appellant,
v.
Alan Ellis, Dependable Drywall LLC, and Scott Rayl,
Defendants-Appellees.
JUDGMENT VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0717
Boulder County District Court No. 00DR1446
Honorable M. Gwyneth Whalen, Judge
In re the Marriage of
Kimberly Fleming,
Appellee,
and
Carl Fleming,
and Concerning Stacey Simpson-Fleming,
Appellant.
Appeal dismissed in part
and ORDER vacated
Division III
Opinion by JUDGE ROY
Loeb and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1016
Boulder County District Court No. 07DR768
Honorable Roxanne Bailin, Judge
Honorable James C. Klein, Judge
In re the Marriage of
Charlene Von Schlesien,
Appellee,
and
Peter W. Schlesiona,
Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1099
City and County of Denver District Court No. 09CV11797
Honorable Robert S. Hyatt, Judge
In the Matter of the Petition of
Frank McBride,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Richman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1103
Fremont County District Court Nos. 10CV39 & 10CV40
Honorable Stephen A. Groome, Judge
Maurice Williams,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility,
Defendants-Appellees.
JUDGMENTS AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1224
City and County of Denver District Court No. 08CR6070
Honorable R. Michael Mullins, Judge
Honorable Martin Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Erick Osmany Martinez-Izaguirre,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Russel, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1253
Eagle County District Court No. 09DR90
Honorable Russell H. Granger, Judge
In re the Marriage of
Karen L. Delorenzo,
Appellee,
and
Christopher S. Delorenzo,
Appellant.
APPEAL DISMISSED
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1435
Office of Administrative Courts
OS Nos. 2010-0001, 2010-0002 & 2010-0003
Jeffrey Gross, Louis J. Schroeder, and Russell Haas,
Appellants,
v.
Kim Haarberg,
Appellee.
APPEAL DISMISSED
Division IV
Opinion by JUDGE BERNARD
Graham, J., concurs
Fox, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1473
El Paso County District Court Nos. 85CR1116 & 85CR1501
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry L. Cordova,
Defendant-Appellant.
Order Affirmed
Division B
Roy, Terry, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1524
Arapahoe County District Court No. 05DR68
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Kari A. Steinberg,
Appellee,
and
Jeffrey Steinberg,
Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1581
City and County of Denver District Court No. 09CR4090
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tina Lynn Roybal,
Defendant-Appellant.
Appeal Dismissed
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1785
Weld County District Court No. 09DR1294
Honorable Randall C. Lococo, Judge
In re the Marriage of
Edward Lee,
Appellant,
and
Kathryn J. Lee, n/k/a Kathryn Boatwright,
Appellee.
JUDGMENT 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. 10CA1815
Industrial Claim Appeals Office of the State of Colorado
WC No. 4758499
Christina Mavian, n/k/a Christina Courtney,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Aurora Public Schools, and Joint School District,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE CRISWELL*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 10CA2020
Mesa County District Court No. 09CR1116
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Earl Wright, Jr.,
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. 10CA2397
El Paso County District Court No. 09JV367
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.K., a Child,
and Concerning L.K.,
Respondent-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. 10CA2469
Adams County District Court No. 09JV271
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.C. and C.C., Children,
and Concerning J.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Furman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2545
Jefferson County District Court No. 10CR1415
Honorable Christie B. Phillips, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Charles Serbu,
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. 11CA0310
Adams County District Court No. 09JV256
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.R. and J.A., Children,
and Concerning N.A.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Criswell*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0774
Pueblo County District Court No. 10MH254
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Michael Shaun Anderson,
Respondent-Appellant.
ORDER 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. 11CA0775
Pueblo County District Court No. 09MH237
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of David Santiago,
Respondent-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, 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. 10CA0284
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Mark Ponis,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0443
Alberta Town Center, LLC,
Plaintiff-Appellee and Cross-Appellant,
v.
Callison Architecture, Inc.,
Defendant-Appellee,
and
Granite Southlands Town Center, LLC,
Intervenor-Appellant and Cross-Appellee.
Opinion Modified and
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.