ANNOUNCEMENTS

COLORADO COURT OF APPEALS

October 6, 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. 08CA0890

Elbert County District Court No. 07CV48

Honorable Jeffrey K. Holmes, Judge

Citizens for Responsible Growth, Elbert County, a Colorado nonprofit corporation; Laura E. Shapiro; and John T. Dorman,

Plaintiffs-Appellees,

v.

RCI Development Partners, Inc., a Colorado corporation,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE KAPELKE*

Graham and Booras, JJ., concur

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

Court of Appeals No. 09CA0949

Garfield County District Court No. 07CR390

Honorable Denise K. Young, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dana H. Head,

Defendant-Appellant.

SENTENCE AFFIRMED

Division V

Opinion by JUDGE ROTHENBERG*

Furman and J. Jones, JJ., concur

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

Court of Appeals No. 09CA1135

Mesa County District Court No. 08CR706

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willie Lee Privette,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE J. JONES

Furman and Rothenberg*, JJ., concur

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

Court of Appeals No. 09CA1232

City and County of Denver District Court No. 07CR3862

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Salvador Torres-Gonzales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

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

Court of Appeals No. 09CA1835

El Paso County District Court No. 03CR3392

Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shannon Dean Merrow,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCES REVERSED IN PART,

AND Case REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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

Court of Appeals No. 09CA2013

Garfield County District Court Nos. 05CR485 & 06CR157

Honorable Denise K. Lynch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robin Jay Clifton,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE FURMAN

J. Jones and Rothenberg*, JJ., concur

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

Court of Appeals No. 09CA2310

El Paso County District Court No. 08CR3824

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Stuart Murriel,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division V

Opinion by JUDGE J. JONES

Carparelli and Furman, JJ., concur

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

Court of Appeals No. 09CA2453

El Paso County District Court No. 08CR3486

Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Karin Joy Atkinson,

Defendant-Appellant.

Order affirmed in part AND VACATed in part

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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

Court of Appeals No. 09CA2470

Boulder County District Court No. 85CR736

Honorable Roxanne Bailin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mack W. Thomas,

Defendant-Appellant.

ORDER AND SENTENCE Affirmed

Division V

Opinion by JUDGE MÁRQUEZ*

Carparelli and Russel, JJ., concur

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

Court of Appeals No. 09CA2534

Jefferson County District Court No. 08CR3544

Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Chou Yee Lee Ngiateng,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE WEBB

Roy and Fox, JJ., concur

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

Court of Appeals No. 09CA2537

Weld County District Court No. 08CR1866

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio Naber Manzanares,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE ROMÁN

Taubman and Booras, JJ., concur

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

Court of Appeals No. 09CA2585

Jefferson County District Court No. 09CR121

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julian Melgosa Fernandez,

Defendant-Appellant.

JUDGMENT Affirmed

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, JJ., concur

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

Court of Appeals No. 09CA2588

El Paso County District Court No. 04CR3053

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Earl Calvin Cooley,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division V

Opinion by JUDGE FURMAN

Carparelli and J. Jones, JJ., concur

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

Court of Appeals No. 10CA0505

Jefferson County District Court No. 02DR1683

Honorable Philip J. McNulty, Judge

In re the Marriage of

Raymond Randolph Sizemore,

Appellant,

and

Teresa Carol Sizemore,

Appellee.

ORDER AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

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

Court of Appeals No. 10CA0754

Pueblo County District Court No. 03CR383

Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William Arellano,

Defendant-Appellant.

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 No. 10CA1122

City and County of Denver District Court No. 03CR4415

Honorable Robert S. Hyatt, Judge

Honorable Robert L. McGahey, Jr, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Antonio Alexander,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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

Court of Appeals No. 10CA1331

Arapahoe County District Court No. 04DR1665

Honorable J. Mark Hannen, Judge 

In re the Marriage of

Diana M. Carrington, n/k/a Diana M. Gandy,

Appellee,

and

David W. Carrington,

Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

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

Court of Appeals No. 10CA1342

El Paso County District Court No. 09CR1051

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph W. Kelly,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

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

Court of Appeals No. 10CA1384

Logan County District Court No. 09CV104

Honorable Kevin L. Hoyer, Judge

Louise E. Kloberdanz,

Plaintiff-Appellee and Cross-Appellant,

v.

Theresa V. Carter and Colleen A. Carmichael,

Defendants-Appellants and Cross-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE J. JONES

Furman and Rothenberg*, JJ., concur

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

Court of Appeals No. 10CA1429

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-649-596

Deleith Layman,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Adams County School District 27J,

Respondents.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Booras, JJ., concur

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

Court of Appeals Nos. 10CA1493 & 10CA2253

Douglas County District Court No. 09CV1305

Honorable Paul A. King, Judge

Gary Bastian,

Plaintiff-Appellee and Cross-Appellant,

v.

EMJ Corporation,

Defendant-Appellant and Cross-Appellee.

ORDER REVERSED, Judgment VACATED,

and Case remanded with directions

Division III

Opinion by JUDGE ROY

Fox, J., concurs

Webb, J., dissents

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

Court of Appeals No. 10CA1865

Adams County District Court No. 06CR2218

Honorable Frederick M. Goodbee, Judge  

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jay Winterburn,

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. 10CA2016

Douglas County District Court No. 03DR14

Honorable Richard B. Caschette, Judge

In re the Marriage of

Christine McCormick, n/k/a Christine Fritchen,

Appellee,

and

Robert A. McCormick,

Appellant.

ORDERs Affirmed

Division III

Opinion by JUDGE ROY

Webb and Fox, JJ., concur

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

Court of Appeals No. 10CA2246

Douglas County District Court No. 05CR148

Honorable Paul A. King, Judge        

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fuad Hrnjic,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

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

Court of Appeals No. 10CA2283

Jefferson County District Court No. 09CV1249

Honorable Dennis J. Hall, Judge

Susan Keeney,

Plaintiff-Appellant,

v.

State Farm Fire & Casualty Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Russel and Bernard, JJ., concur

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

Court of Appeals No. 10CA2362

Adams County District Court No. 08CR1665

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Monique Rochelle Hernandez,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division B

Opinion by JUDGE GABRIEL

Graham and Miller, JJ., concur

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

Court of Appeals No. 11CA0390

City and County of Denver District Court No. 06CR6192

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrina Flora-Alexander,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Graham, Gabriel, and Miller, JJ.

PER CURIAM

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

Court of Appeals No. 11CA1052

Weld County District Court No. 09JV782

Honorable Marcelo A. Kopcow, Judge

Honorable Randall C. Lococo, Magistrate

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.R.H., Child,

and Concerning R.H., a/k/a R.N.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BERNARD

Russel and Hawthorne, 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. 08CA1638

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Willie Dee Hayward, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2362

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lee Jones,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 10CA1120

James A. Harders Individual Trust,

Plaintiff-Appellee,

v.

Attorneys Title Guaranty Fund, Inc., a Colorado insurance company,

Defendant-Appellant.

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. 2011.