ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JANUARY 27, 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. 07CA2549
City and County of Denver District Court No. 06CR2570
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ahmad Aziz,
Defendant-Appellant.
JUDGMENT AND SENTENCE Affirmed
Division VI
Opinion by JUDGE ROMán
Hawthorne and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0201
Arapahoe County District Court No. 90CR927
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Teshagar A. Habteselassie,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0725
Jefferson County District Court No. 06CR3655
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Pol Hackbart,
Defendant-Appellant.
Judgment AND SENTENCE 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. 08CA1410
Boulder County District Court No. 06CR1347
Honorable Morris Sandstead, Judge
Honorable Thomas Levi, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher James Rauenbuehler,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2581
City and County of Denver District Court No. 06CR5402
Honorable William W. Hood, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stacy Eugene Irvin,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2674
Logan County District Court No. 00CR141
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jordan Lehmkuhl,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE KAPELKE*
Russel and Miller, JJ., concur
Court of Appeals No. 08CA2697
City and County of Denver District Court No. 07CR6557
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marilyn J. Davis,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Miller and Kapelke*, JJ., concur
Court of Appeals No. 09CA0063
Adams County District Court No. 03CR3476
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edgar Robles-Vasquez,
Defendant-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. 09CA0097
Freemont County District Court No. 04CR212
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Marshall,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Roman, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0540
El Paso County District Court No. 06CR4904
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Powell,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE WEBB
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0895
Larimer County District Court No. 98CV1719
Honorable Dave Williams, Judge
Rene V. Denuit, Jr.,
Plaintiff-Appellant,
v.
Donald L. Pritchard and Mary Buss Hanratty Pritchard,
Defendants-Appellees.
ORDER AFFIRMED AND APPEAL DISMISSED
Division I
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1434
Arapahoe County District Court No. 01CR1054
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bryce Lewis Goodin,
Defendant-Appellant.
ORDERS AFFIRMED
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1805
Boulder County District Court No. 07CR787
Honorable Maria E. Berkenkotter, Judge
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Michael Shervanick,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2225
Arapahoe County District Court No. 05CR539
Honorable Kurt A. Horton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eugene Gary Duran,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Hawthorne and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2472
Arapahoe County District Court No. 09CV93
Honorable Gerald J. Rafferty, Judge
Ray Harkey,
Plaintiff-Appellee,
v.
Robert McCormack,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER
Russel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2573
Adams County District Court No. 01CR1228
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Scot Troke,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2614
Routt County District Court No. 08DR155
Honorable Shelley A. Hill, Judge
In re the Marriage of
Jennifer Lea,
Appellant,
and
Mark Eric Lea,
Appellee.
JUDGMENT Affirmed in part, reversed in part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2687
Garfield County District Court No. 07CV313
Honorable Kenneth E. Barnhill, Judge
Von J. Phathong and Jennifer D. Phathong,
Plaintiffs-Appellants,
v.
Encana Oil & Gas (USA) Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE Márquez*
Casebolt and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0078
City and County of Denver District Court No. 01CR2294
Honorable Francis C. Wasserman Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Trujillo,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Casebolt, Webb, and Román, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0094
El Paso County District Court No. 07CV7451
Honorable Scott A. Sells, Judge
Gini DeWeese,
Plaintiff-Appellee,
v.
Alex Jones,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0183
Arapahoe County District Court No. 08DR338
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Loren J. Randall,
Appellant,
and
Lori A. Minikus-Randall,
Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0193
Adams County District Court No. 98DR2149
Honorable Thomas R. Ensor, Judge
In re the Marriage of
Dawn R. Jander,
Petitioner-Appellee,
and
Thomas J. Jander,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
Court of Appeals No. 10CA0352
Pueblo County District Court No. 05CV1711
Honorable Deborah R. Eyler, Judge
Todd A. Frederick and Tyler Frederick,
Plaintiffs-Appellants,
v.
Richard C. Reding,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE RUSSEL
Miller and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0419
Adams County District Court No. 08CR2723
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Kerry Hernandez,
Defendant-Appellant.
APPEAL DISMISSED
Casebolt, Webb, and Román, JJ.
PER CURIAM
Court of Appeals No. 10CA0572
Jefferson County District Court No. 03CR645
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig L. Poindexter,
Defendant-Appellant.
ORDER AFFIRMED
Casebolt, Webb, and Román, JJ.
PER CURIAM
Court of Appeals No. 10CA0882
Larimer County District Court No. 06DR1193
Honorable Jolene Carman Blair, Judge
In re the Marriage of
Jan Chesler,
Appellant,
and
Larry Chesler,
Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0966
Industrial Claim Appeals Office of the State of Colorado
DD No. 1425-2010
Brianna L. Romano,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Heuberger Volkswagen, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 10CA1226
Weld County District Court No. 09CV1010
Honorable James F. Hartmann, Judge
Will Osborne and Mack Osborne, by and through Tom S. Osborne, their next friend,
Plaintiffs-Appellants,
v.
Roger Huncovsky and Teresa Huncovsky,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1669
Industrial Claim Appeals Office of the State of Colorado
DD No. 9760-2009
Joshua J. Voeller,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and studioTBD CO_LA(B)_orative LLC,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Román and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1802
Lincoln County District Court No. 09JV8
Honorable Stanley A. Brinkley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.B.C., a Child,
and Concerning C.E.F. and L.N.C.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1817
Industrial Claim Appeals Office of the State of Colorado
DD No. 20522-2010
David G. Evans,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hulcher Service, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Hawthorne and Román, JJ., concur
Court of Appeals No. 10CA1920
City and County of Denver Juvenile Court No. 08JV872
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.W.L., a Child,
and Concerning T.L.O.,
Respondent-Appellant.
Judgment Affirmed
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1921
Mesa County District Court No. 09JV184
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
In the Interest of A.B., a Child,
and Concerning B.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE J. JONES
Webb and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2031
Industrial Claim Appeals Office of the State of Colorado
DD No. 21473-2011
David R. Smythe,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Service Care of America, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur
Court of Appeals No. 10CA2148
El Paso County District Court No. 09JV1115
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.H., a Child,
and Concerning C.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Bernard and Terry, 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. 07CA0131
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martin Carlos Betancourt,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0704
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jacob Benjamin Woodyard,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 08CA1811
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Michael Sisson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0984
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allen Tranmer,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2764
Harry Griff and Candi Clark,
Plaintiffs-Appellants,
v.
City of Grand Junction, acting by and through Stephanie Tuin, Grand Junction City Clerk; Diane Schwenke; and SLB Enterprises, LLC, d/b/a Brady Trucking,
Defendants-Appellees.
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.