ANNOUNCEMENTS

COLORADO COURT OF APPEALS

March 8, 2012

“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.

Click on the case number to view published and modified published opinions.

U N P U B L I S H E D   O P I N I O N S

Court of Appeals No. 06CA2229

Arapahoe County District Court No. 00CR887

Honorable John P. Leopold, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Kenneth Simon,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Roy and Márquez*, JJ., concur

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

Court of Appeals No. 08CA1587

City and County of Denver District Court No. 07CR2494

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Straub,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Román and Miller, JJ., concur

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

Court of Appeals No. 08CA1937

Weld County District Court No. 00CR64

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Wayne Helton,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE FOX

Taubman and Dailey, JJ., concur

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

Court of Appeals No. 08CA2441

City and County of Denver District Court No. 04CR4833

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Jake Chavez, Jr.,

Defendant-Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE ROMán

Richman and Miller, JJ., concur

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

Court of Appeals No. 09CA0136

Adams County District Court No. 07CR2498

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yvonne Marie Gothard,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

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

Court of Appeals No. 09CA1139

Pueblo County District Court No. 07CR1915

Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maximo Daniel Ramos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Román and Miller, JJ., concur

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

Court of Appeals No. 09CA1399

Pueblo County District Court No. 08CR901

Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theresa Jennifer Padilla,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Nieto*, J., concurs

Loeb, J., specially concurs

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

Court of Appeals No. 09CA1941

Clear Creek County District Court Nos. 08CR45 & 08CR51

Honorable Russell H. Granger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Lee McClure,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Carparelli and Booras, JJ., concur

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

Court of Appeals No. 09CA1961

City and County of Denver District Court No. 06CR5389

Honorable Michael A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel G. Morales,

Defendant-Appellant.

JUDGMENT AND SENTENCE VACATED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division B

Casebolt, J. Jones, and Booras, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1487

City and County of Denver District Court No. 09CR10267

Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Anaya,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Dailey and Fox, JJ., concur

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

Court of Appeals No. 10CA2294

El Paso County District Court No. 09CR2858

Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lawrence Gabriel Dayan,

Defendant-Appellant.

JUDGEMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE DAILEY

Taubman and Fox, JJ., concur

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

Court of Appeals No. 10CA2596

Jefferson County District Court No. 09DR465

Honorable Randall C. Arp, Judge

In re the Marriage of

Laurie P. Sheppard,

Appellant,

v.

Frank C. Sheppard, III,

Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Carparelli and Booras, JJ., concur

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

Court of Appeals No. 11CA0209

Routt County District Court No. 09CV270

Honorable Michael A. O’Hara, Judge

Connell Resources, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Routt County, Colorado, a Colorado county,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Loeb and Nieto*, JJ., concur

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

Court of Appeals No. 11CA0359

El Paso County District Court No. 09CV4374

Honorable Gregory R. Werner, Judge

Keith Kolln,

Plaintiff-Appellant,

v.

Eric N. Wyatt, individually and d/b/a Action Excavating & Landscaping, Inc., a/k/a Action Excavating & Utilities, Inc., a/k/a Action Excavating Asphalt & Concrete Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE FOX

Taubman and Dailey, JJ., concur

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

Court of Appeals No. 11CA0367

Jefferson County District Court No. 09CV2430

Honorable Margie Enquist, Judge

Honorable Tamara S. Russell, Judge

IBM Corporation, a foreign corporation,

Plaintiff-Appellant,

v.

City of Golden, a Colorado municipal corporation,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division II

Opinion by JUDGE J. JONES

Casebolt and Hawthorne, JJ., concur

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

Court of Appeals No. 11CA0484

Ouray County District Court No. 09DR39

Honorable J. Steven Patrick, Judge

In re the Marriage of

Catherine West Kent,

Appellant,

and

Joshua Shaw Kent,

Appellee.

JUDGMENT AFFIRMED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE FOX

Taubman and Dailey, JJ., concur

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

Court of Appeals No. 11CA0590

Fremont County District Court No. 08CV264

Honorable David M. Thorson, Judge

American Express Centurion Bank, a/k/a American Express Bank, F.S.B.,

Plaintiff-Appellant,

v.

Frank Heuett,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE BOORAS

Graham and Carparelli, JJ., concur

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

Court of Appeals No. 11CA0735

City and County of Denver District Court No. 04CR4905

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Malone,

Defendant-Appellant.

ORDERS AFFIRMED

Division B

Casebolt, J. Jones, and Booras, JJ.

PER CURIAM

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

Court of Appeals No. 11CA0903

Weld County District Court No. 09CV801

Honorable Elizabeth Strobel, Judge

Darrell Erickson, d/b/a Erickson Construction,

Plaintiff-Appellant,

v.

Timothy R. Stadem and Beth H. Stadem,

Defendants-Appellees.

JUDGMENTS AND ORDER AFFIRMED

Division V

Opinion by JUDGE BOORAS

Graham and Carparelli, JJ., concur

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

Court of Appeals No. 11CA1965

Industrial Claim Appeals Office of the State of Colorado

DD No. 10601-2011

Paul A. Silli,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Pinnacle Charter School, Inc.,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE MÁRQUEZ*

Davidson, C.J., and Ney*, 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. 11CA0587

Joyce B. Martinez,

Plaintiff-Appellant,

v.

ProBuilders Specialty Insurance Company, RRG,

Garnishee-Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA1202

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Moore,

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. 2011.