ANNOUNCEMENTS

COLORADO COURT OF APPEALS

August 25, 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. 07CA1257

Pitkin County District Court Nos. 05CR50 & 05CR62

Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Jeffrey Allen Key,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Carparelli and Loeb, JJ., concur

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

Court of Appeals No. 07CA2280

Jefferson County District Court No. 06CR4117

Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Glen Robert Worley,

Defendant-Appellant.

JUDGMENT AND SENTENCES AFFIRMED

Division II

Opinion by JUDGE WEBB

Casebolt and Nieto*, JJ., concur

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

Court of Appeals No. 08CA0221

City and County of Denver District Court No. 02CR5043

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Adelbert Bassford,

Defendant-Appellant.

Judgment and sentence affirmed in part, VACATed in part,

and case remanded with directions

Division III

Opinion by JUDGE ROY

Loeb, J., concurs

J. Jones, J., concurs in part and dissents in part

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

Court of Appeals No. 08CA1057

City and County of Denver District Court No. 07CR594

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Ronald Max Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED 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. 08CA1181

Jefferson County District Court No. 07CR1426

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Cordell Eric Robinson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Webb and Plank*, JJ., concur

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

Court of Appeals No. 08CA1832

Weld County District Court No. 06CR2230

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Frank Leon Joseph,

Defendant-Appellant.

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. 08CA1941

Arapahoe County District Court No. 06CR502

Honorable Charles M. Pratt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Robert Richard Swanson,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 09CA1091

Gilpin County District Court No. 07CR61

Honorable Frederic Barker Rodgers, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Jorge Carrillo-Rojo,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART

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. 09CA1186

Arapahoe County District Court No. 08CR1741

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Darvon James Baldwin,

Defendant-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. 09CA1798

City and County of Denver District Court No. 08CR4440

Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

David Frazier, Jr.,

Defendant-Appellant.

JUDGMENTS 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. 09CA2596

El Paso County District Court No. 96CR4145

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

David Lee Johnson,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE KAPELKE*

Taubman and Terry, JJ., concur

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

Court of Appeals No. 10CA0378

El Paso County District Court No. 08CV3272

Honorable Gregory R. Werner, Judge

McCoy & Littlejohn Child Care Center, LLC, a Colorado limited liability company,

Plaintiffs-Appellees,

Aspen Diversified Industries Service, Inc., a Colorado corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Román, J., concurs

Russel, J., specially concurs

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

Court of Appeals No. 10CA0744

Boulder County District Court No. 02CR571

Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Donald Kevin Hyer,

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. 10CA0833

Adams County District Court No. 09CR626

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Eusebio Montero-Romero,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE HAWTHORNE

Lichtenstein and Booras, JJ., concur

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

Court of Appeals No. 10CA1135

Weld County District Court No. 09PR311

Honorable James F. Hartmann, Judge

In re the Estate of Joseph DeAnza, deceased.

Joseph Matthew DeAnza,

Petitioner-Appellee,

Johanna E. Gerke and Meggan DeAnza,

Respondents-Appellants,

and

Emilia S. Percoskie and Frank Percoskie,

Respondents-Appellees.

ORDER AFFIRMED 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. 10CA1413

City and County of Denver Juvenile Court No. 09JD826

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of E.P.,

Juvenile-Appellant.

and Concerning M.D.,

Respondent.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Rothenberg*, JJ., concur

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

Court of Appeals No. 10CA1455

El Paso County District Court No. 08CV1015

Honorable G. David Miller, Judge

Paul Martinez and Evangeline Martinez,

Plaintiffs-Appellants,

Gobb Heaven, Inc., d/b/a Extreme Pizza, and Peerless Industries, Inc., a Delaware corporation,

Defendants-Appellees.

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. 10CA1751

Mesa County District Court No. 06CR1717

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

Joshua T. Dooly.

Defendant-Appellant.

ORDER 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. 10CA1822

El Paso County District Court No. 09DR2772

Honorable Barney Iuppa, Judge

In re the Parental Responsibilities of

Helen Shelton,

Appellee,

and

Caroline Smith,

Appellant.

ORDER AFFIRMED

Division A

Opinion by JUDGE PLANK*

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

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

Court of Appeals No. 10CA1922

El Paso County District Court No. 09DR2356

Honorable Theresa M. Cisneros, Judge

In re the Marriage of

Delo Studebaker,

Appellant,

and

Anthony Studebaker,

Appellee.

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. 10CA2230

Chaffee County District Court Nos. 09CV112 & 09CV113

Honorable C.M. Barton, Judge

Ruth Jackson and Flint Hills Life Insurance Company, Ltd.,

Plaintiffs-Appellants,

and

Bruce Jackson,

Attorney-Appellant,

The Board of Equalization of the County of Chaffee, State of Colorado; and Joann Boyd, Assessor of the County of Chaffee, State of Colorado,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Plank* and Rothenberg*, JJ., concur

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

Court of Appeals No. 10CA2271

Office of Administrative Courts No. OS20100020

Colorado Government Accountability Project,

Petitioner-Appellant,

Jack Pommer; Committee to Elect Jack Pommer; and Office of Administrative Courts,

Respondents-Appellees.

ORDER 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. 10CA2314

City and County of Denver Court No. 10CV3585

Honorable William W. Hood, Judge

Amalgamated Transit Union, Local 1001,

Plaintiff-Appellant,

Regional Transportation District,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Dailey and Webb, JJ., concur

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

Court of Appeals No. 10CA2653

Pueblo County District Court No. 10CV1045

Honorable Larry C. Schwartz, Judge

Steven Michael Tuller,

Plaintiff-Appellant,

Colorado State Parole Board, Aristedes Zavaras, and Susan Jones,

Defendants-Appellees.

ORDER 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. 11CA0333

El Paso County District Court No. 09JV1438

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.S., A.R., and M.R., Children,

and Concerning M.S. and F.D.L.C.,

Respondents-Appellants.

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. 11CA0728

Industrial Claim Appeals Office of the State of Colorado

DD No. 2991-2011

Jennifer R. Jones,

Petitioner,

Industrial Claim Appeals Office of the State of Colorado and Gregory N. Day, DDS Oral Surgeon, P.C.,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE ROTHENBERG*

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

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

Court of Appeals No. 11CA0733

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 T.B.,

Respondent-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUSTICE ROVIRA*

Davidson, C.J. and Nieto*, 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. 07CA2552

The People of the State of Colorado,

Plaintiff-Appellee,

Brad Anthony Dicken,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2101

The People of the State of Colorado,

Plaintiff-Appellee,

Ezequiel Esparza-Treto,

Defendant-Appellant.

Petition for Rehearing DENIED

Taubman, J., would GRANT

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

Court of Appeals No. 09CA2262

In re the Marriage of

Terry Anthony Martinez,

Petitioner-Appellant,

and

Cathy Eileen Montion,

Respondent-Appellee.

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.