ANNOUNCEMENTS

COLORADO COURT OF APPEALS

July 14, 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. 06CA1288

City and County of Denver District Court No. 04CR3219

Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jorge Chavez-Flores,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II

Opinion by JUDGE WEBB

Dailey and Sternberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA0698

El Paso County District Court No. 06CR286

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Anthony Hernandez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE J. JONES

Russel and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 07CA2552

Adams County District Court No. 06CR1066

Honorable C. Vincent Phelps, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brad Anthony Dicken,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE GABRIEL

Furman and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0653

Adams County District Court No. 06CR2182

Honorable C. Vincent Phelps, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Veronica Ann Holter,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE STERNBERG*

Dailey and Webb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0908

Jefferson County District Court No. 06CR1601

Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony D. Stockdale,

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. 08CA1589

Weld County District Court No. 07CR1293

Honorable Julie C. Hoskins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Epifanio Morales-Apolonio,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by CHIEF JUDGE DAVIDSON

Kapelke* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2696

Weld County District Court No. 08CR1032

Honorable Michele L. Meyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Everett Hunter Bear,

Defendant-Appellant.

JUDGMENTS AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE DAILEY

Webb and Sternberg*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0404

Adams County District Court No. 07CR3190

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Thompson,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE GRAHAM

Bernard and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0645

Pueblo County District Court No. 07CR2033

Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Manuel Rico Sierra,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE FURMAN

Gabriel and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1299

City and County of Denver District Court No. 08CR10089

Honorable Shelia A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rene R. Guerra,

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. 09CA1306

Mesa County District Court No. 07CR787

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce P. Montgomery,

Defendant-Appellant.

JUDGMENT 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. 09CA1307

Mesa County District Court No. 08CR917

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce P. Montgomery,

Defendant-Appellant.

JUDGMENT 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. 09CA1750

Adams County District Court No. 08CR1298

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Harry Herceglic,

Defendant-Appellant.

JUDGMENT REVERSED 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. 09CA2135

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-736-727

Chaco, Inc., and Liberty Mutual Insurance Company,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado, April Garcia, n/k/a April Horn, and Pinnacol Assurance,

Respondents.

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. 09CA2626

City and County of Denver District Court No. 03CR4671

Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Jerry Garcia,

Defendant-Appellant.

ORDER REVERSED, SENTENCE VACATED,

AND CASE REMANDED WITH DIRECTIONS

Division B

Graham, Gabriel, and Miller, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2723

Adams County District Court No. 08CR222

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gerald A. Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Dailey and Webb, J.J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0455

Arapahoe County District Court No. 90CR171

Honorable Carlos A. Samour, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Anderson,

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. 10CA0751

Las Animas County District Court Nos. 02CR182 & 02CR205

Honorable Robert W. Ogburn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ernest J. Vensor,

Defendant-Appellant.

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. 10CA0837

Mesa County District Court No. 07CR1911

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Gregory Myers,

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. 10CA1126

Adams County District Court No. 01CR1759

Honorable C. Vincent Phelps, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Mahaffey,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division B

Graham, Gabriel, and Miller, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1196

Industrial Claim Appeals Office for the State of Colorado

DD No. 5751-2010

Galvarino R. Gonzalez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Town of Basalt,

Respondents.

ORDER 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. 10CA1503

Jefferson County District Court No. 09DR2488

Honorable Randall C. Arp, Judge

In re the Marriage of

Chanon V. Melnick,

Appellee,

and

Ronald P. Melnick,

Appellant.

ORDERS AFFIRMED IN PART, REVERSED IN PART,

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. 10CA1659

City and County of Denver District Court No. 09CV3418

Honorable Sheila A. Rappaport, Judge

Madina Buhendwa,

Plaintiff-Appellant,

v.

Regional Transportation District and Albert B. Curry, III,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division V

Opinion by CHIEF JUDGE DAVIDSON

Kapelke* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1695

Arapahoe County District Court No. 10CV990

Honorable Christopher C. Cross, Judge

Franklin D. Azar & Associates, P.C. and Franklin D. Azar, individually,

Attorneys-Appellants,

v.

Rose Ann Barranco and Richard P. Kaufman,

Defendants-Appellees.

JUDGMENT AFFIRMED AND ORDER AFFIRMED,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE LICHTENSTEIN

Hawthorne and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1780

Jefferson County District Court No. 10CV3329

Honorable Margie L. Enquist, Judge

Timothy Joseph Rappl,

Plaintiff-Appellant,

v.

Charles T. Hoppin, Judge, Jefferson County Court, Division A,

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. 10CA1783

Mesa County District Court No. 09DR1210

Honorable Valerie J. Robison, Judge

In re the Marriage of

Robin Pierce Ament,

Appellee,

and

Patrick Oliver Ament,

Appellant.

JUDGMENT 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. 10CA1814

El Paso County District Court No. 09JD1366

Honorable David Lee Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

In the Interest of C.D.G.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE DAILEY

Casebolt and Webb, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1923

El Paso County District Court No. 07JV134

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.C., Child,

and Concerning V.D.R.,

Respondent-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. 10CA2093

Industrial Claim Appeals Office of the State of Colorado

DD No. 23366-2010

David M. Snow,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and International Ford, LLP,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE FURMAN

Gabriel and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals Nos. 10CA2174 & 10CA2175

Adams County District Court Nos. 09JV59 & 09JV169

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.J., A.J., and J.J., Children,

and Concerning R.J. and A.M.,

Respondents-Appellants.

JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BOORAS

Hawthorne and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2253

Arapahoe County District Court No. 10JD216

Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.R.,

Juvenile-Appellant,

and Concerning L.B.,

Respondent.

JUDGMENT 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. 11CA0035

El Paso County District Court No. 09JV899

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of G.R., a Child,

and Concerning M.S.R. and Q.C.R.,

Respondents-Appellants.

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. 11CA0056

City and County of Denver Juvenile Court No. 09JV1891

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C.G., and D.C.G., Jr., Children,

and Concerning A.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE KAPELKE*

Davidson, C.J., and Nieto*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0243

City and County of Denver Juvenile Court No. 10JV922

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.M.A., a Child,

and Concerning C.M.M.,

Respondent-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. 11CA0324

Industrial Claim Appeals Office of the State of Colorado

DD No. 16266-2010

Ronald Winegardner,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Colorado West Health Care System,

Respondents.

ORDER 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. 11CA0341

Mesa County District Court No. 09JV186

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.B., C.B., and E.B., Children,

and Concerning C.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Hawthorne and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0342
Industrial Claim Appeals Office of the State of Colorado

DD No. 36359-2010

Jessica A. Aragon,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and City of Westminster,

Respondents.

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. 11CA0357

City and County of Denver Juvenile Court No. 10JV10

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.M.M-C., a Child,

and Concerning M.W.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE LOEB

Roy and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0397

Industrial Claim Appeals Office of the State of Colorado

DD No. 28677-2010

Duane A. Maes,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and University of Denver,

Respondents.

ORDER 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. 11CA0467

El Paso County District Court No. 09JV1547

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.A. and H.A., Children,

and Concerning A.V. and A.P.A.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE NIETO*

Davidson, C.J., and Kapelke*, 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. 09CA0554

In re the Marriage of

Robert Bruce Fickel, II,

Appellant,

and

Andrea Michele Lier, f/k/a Andrea Michele Fickel,

Appellee.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2508

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Manuel Castillo,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0493

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dewayne Dell Rymer,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1100

In re the Marriage of

Barbara Randell Bartlett, f/k/a Barbara Randell Lesch,

Appellee,

and

Bradley David Lesch,

Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1981

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Airrik Jermal Russell, a/k/a Donnie Russell,

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.