ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 1, 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. 07CA1810
Douglas County District Court No. 05CR858
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Keith McKnight,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RUSSEL
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1546
Larimer County District Court No. 06CR1103
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Narciso Mendoza-Lopez,
Defendant-Appellant.
Judgment Affirmed in Part, reversed in Part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Fox, J., concurs
Webb, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2061
Jefferson County District Court No. 07CR734
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Allen Fain,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2200
Douglas County District Court No. 05CR95
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Kelly Padilla,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2638
Adams County District Court No. 08CR34
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darryl Lee Montoya,
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. 09CA0878
Arapahoe County District Court No. 06CR3382
Honorable James F. Macrum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrian Stephen Ryines,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FOX
Roy and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1251
Mesa County District Court No. 08CR568
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dina Maria Navarette,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1855
Weld County District Court No. 08CR50
Honorable Daniel S. Maus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Paul Romero,
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. 10CA1037
Adams County District Court No. 99CR955
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Lee Jacobs,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Taubman, Hawthorne and Furman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1422
Jefferson County District Court No. 10CV1085
Honorable Tamara S. Russell, Judge
Daniel Charles Brock,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1547
Douglas County District Court No. 09CV1926
Honorable Richard B. Caschette, Judge
Patricia Arndt, a/k/a Patricia L. Thompson,
Plaintiff-Appellant,
v.
Melissa Pedersen,
Defendant-Appellee.
Judgment affirmed, order vacated,
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. 10CA1832
El Paso County District Court No. 06CR1327
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Manuel Pimentel,
Defendant-Appellant.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Prior Opinion Announced September 29, 2011 WITHDRAWN
Petition for Rehearing GRANTED
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. 10CA2270
Adams County District Court No. 08CV579
Honorable C. Vincent Phelps, Judge
Honorable C. Scott Crabtree, Judge
Adams 12 Five Star Schools, a Colorado quasi-municipal corporation,
Petitioner-Appellee and Cross-Appellant,
v.
Auto-trol Real Estate LLC, a Colorado limited liability company, and, Auto-trol Technology Corporation, a Colorado corporation,
Respondents-Appellants and Cross-Appellees.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE TERRY
Loeb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2385
Weld County District Court No. 09DR714
Honorable Julie C. Hoskins, Judge
In re the Marriage of
Lynn Marie Martin,
Appellant,
and
Steve Lee Martin,
Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2584
Jefferson County District Court No. 10CV582
Honorable Lily W. Oeffler, Judge
Liberty Savings Bank, F.S.B.,
Plaintiff-Appellee,
v.
150 W. Byers Place 6 & 8, LLC,
Defendant,
and
Patrick J. Koentges and Laurie A. Koentges,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Román and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2594
Adams County District Court No. 08CV1818
Honorable Katherine R. Delgado, Judge
Parkside II Homeowners Association, Inc.,
Plaintiff-Appellee,
v.
BAC Home Loans Servicing, LP, as successor to the interest of Mortgage Electronic Registration Systems, Inc., individually and acting solely as nominee for Nexgen Lending, Inc.,
Appellant,
and
Arrowhead Independent Finance, LLC,
Intervenor-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Furman and Ney*, concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2648
Moffat County District Court No. 09CV8
Honorable Shelley A. Hill, Judge
Wendla Asplund,
Plaintiff-Appellant,
v.
Tri-State Equipment Company, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FOX
Roy and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0539
Boulder County District Court No. 05DR1177
Honorable James C. Klein, Judge
In re the Marriage of
Casel Melendy,
Appellant,
and
Michael Lowe,
Appellee.
ORDER AFFIRMED
Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1701
Pueblo County District Court No. 11MH13
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Joseph Carter,
Respondent-Appellant.
ORDER REVERSED
Division V
Opinion by JUDGE CARPARELLI
Furman and J. Jones, 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. 08CA0968
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Nathaniel Romero,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1123
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Omar Anthony King,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0950
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leroy Herrera,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1103
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrian Salvador Gomez,
Defendant-Appellant.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2327
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marc Ashley Sherman,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1771
Equity Trust Company, d/b/a Sterling Trust, Custodian FBO Joan Martinez IRA Account #T053626,
Plaintiff-Appellee,
v.
Colorado Springs Development, LLC, a Colorado limited liability company,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1832
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Manuel Pimentel,
Defendant-Appellant.
Prior Opinion Announced September 29, 2011 WITHDRAWN
Petition for Rehearing GRANTED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2176
Elaine Loofbourrow,
Petitioner,
v.
Harman-Bergstedt, Inc., d/b/a Kentucky Fried Chicken, and Zurich American Insurance Company; and Industrial Claim Appeals Office of the State of Colorado,
Respondents.
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.