ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 12, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 08CA0156 12 COA 56
City and County of Denver District Court No. 04CR4895
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin L. Davis,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
Court of Appeals No. 09CA0781 12 COA 57
Fremont County District Court No. 08CR37
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig Arthur Douglas, Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART AND
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
Court of Appeals No. 09CA1890 12 COA 58
Otero County District Court No. 03CV18
Honorable M. Jon Kolomitz, Judge
Pauline Reyher and Dr. Wallace Brucker, on behalf of themselves and all others similarly situated,
Plaintiffs-Appellants,
v.
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Carparelli and Vogt*, JJ., concur
Court of Appeals No. 10CA0993 12 COA 59
Weld County District Court No. 08CR1001
Honorable Julie C. Hoskins, Judge
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert James Turecek, Jr.,
Defendant-Appellant.
ORDERS REVERSED
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
Court of Appeals No. 10CA1286 12 COA 60
Jefferson County District Court No. 08CR1407
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Robert Adolf,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur
Court of Appeals No. 10CA1382 12 COA 61
City and County of Denver District Court No. 09CR3389
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel M. Chavez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE TAUBMAN
Davidson, C.J., and Webb, J., concur
Court of Appeals No. 10CA2049 12 COA 62
Pueblo County District Court No. 09CR1401
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jayson Michael Oslund,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur
Court of Appeals No. 10CA2386 12 COA 63
Pueblo County District Court No. 06DR691
Honorable David W. Crockenberg, Judge
In re the Parental Responsibilities Concerning B.R.D., a Child,
and Concerning Phillip K. Decker and Sherry M. Decker,
Petitioners-Appellees,
and
Adam Gordon,
Respondent-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Russel and Hawthorne, JJ., concur
Court of Appeals No. 11CA0941 12 COA 64
Grand County District Court No. 10JD26
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.C.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel, J., concurs
Furman, J., dissents
Court of Appeals No. 11CA1046 12 COA 65
Summit County District Court No. 09CV148
Honorable Karen Ann Romeo, Judge
TCD, Inc.,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur
Court of Appeals Nos. 11CA1243 & 11CA1250 12 COA 66
Morgan County District Court No. 10CV81
Honorable Douglas R. Vannoy, Judge
Great Plains National Bank, N.A.,
Plaintiff-Appellee,
v.
Jamie Mount, a/k/a Jack Mount, and Cattle Consultants, LLC,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
U N P U B L I S H E D O P I N I O N S
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. 08CA2547
Jefferson County District Court No. 07CR998
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Michael Zamora,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0305
Jefferson County District Court No. 07CR3195
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Joe Christensen,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur
Court of Appeals No. 09CA2025
Pueblo County District Court Nos. 01CR1323 & 01CR1348
Honorable Thomas B. Flesher, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Lientz,
Defendant-Appellant.
ORDER AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE HAWTHORNE
Casebolt and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2304
City and County of Denver District Court No. 07CR6091
Honorable William W. Hood, III, Judge
Honorable Shelly I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Dion Webster,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2692
Larimer County District Court No. 07CR1352
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven William Cox,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1163
Arapahoe County District Court No. 08CR463
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard S. Jones,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2167
Jefferson County District Court No. 09CV5389
Honorable Jack W. Berryhill, Judge
Dwight Ingram and Frederic Eagan,
Plaintiffs-Appellees,
v.
Edward Cudahy, a/k/a Edward I. Cudahy,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2298
City and County of Denver District Court Nos. 09CR4904 & 09CR4960
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremy Verin Scales,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Hawthorne and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2455
City and County of Denver District Court No. 09CR125
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peggy Renee Wheeler,
Defendant-Appellant.
SENTENCE AND ORDER AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2661
Arapahoe County District Court No. 09DR1753
Honorable J. Mark Hannen, Judge
In re the Marriage of
Debra L. Mann,
Appellant,
and
Leroy M Mann, Jr.,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0593
El Paso County District Court No. 09CV3390
Honorable Tim J. Schutz, Judge
John Morris,
Plaintiff-Appellant,
v.
Kevin Ryan; Circle East Manor Apartments, LLC; and Citadel Realty, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0720
City and County of Denver District Court No. 09CV5361
Honorable Morris B. Hoffman, Judge
James Krasniewicz, individually and as executor of the Estate of Kathleen Krasniewicz,
Plaintiff-Appellee,
v.
Sandra Jacobson; Nejmudean Abdusalam; and Freedom Cabs,
Defendants-Appellees,
and Concerning Town of Greenwich, Connecticut,
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. 11CA0889
Teller County District Court No. 09CV350
Honorable Edward S. Colt, Judge
Richard Fay and Marilyn Fay,
Plaintiffs-Appellants,
v.
City Council, City of Victor, Colorado; City of Victor, Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0918
State Personnel Board No. 09G085
Noma Miller,
Petitioner-Appellee,
and
State Personnel Board,
Appellee,
v.
Department of Public Safety, Colorado State Patrol,
Respondent-Appellant.
ORDER REVERSED
Division V
Opinion by JUDGE GRAHAM
Booras, J., concurs
Carparelli, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0943
Jefferson County District Court No. 10CV4145
Honorable Jane A. Tidball, Judge
William Joseph Wegrich,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its executive director, Roxie Huber,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
Court of Appeals No. 11CA1017
El Paso County District Court No. 09CV7196
Honorable G. David Miller, Judge
Cascade Public Service Company, Inc., a Colorado corporation; and Cascade Metropolitan District No. 1, a Colorado special district and municipal corporation,
Plaintiffs-Appellees,
v.
City of Colorado Springs, a Colorado home-rule city and municipal corporation, and Colorado Springs Utilities, an enterprise of the City of Colorado Springs,
Defendants-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Hawthorne and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1218
Larimer County District Court No. 11CV223
Honorable Dave Williams, Judge
Margaret L. McKenzie,
Plaintiff- Appellant,
v.
Thompson School District R2-J,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Casebolt and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1385
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-601-867
Susan Schramek,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Chico’s FAS, and Hartford Insurance Company,
Respondents.
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. 11CA1494
Clear Creek County District Court No. 10CV136
Honorable Russell H. Granger, Judge
Louise Timmons,
Plaintiff-Appellant,
v.
Michael Shannon,
Defendant-Appellee.
JUDGMENT AFFIRMED AND APPEAL
DISMISSED IN PART
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1565
Pueblo County District Court No. 11CV437
Honorable Victor I. Reyes, Judge
Eric Flores,
Plaintiff-Appellant,
v.
Sierra Medical Center; United States Department of Health and Human Services; and United States Attorney General,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
Court of Appeals No. 11CA1566
Pueblo County District Court No. 11CV333
Honorable Larry C. Schwartz, Judge
Eric Flores,
Plaintiff-Appellant,
v.
Sierra Medical Center; United States Department of Health and Human Services; and United States Attorney General,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
Court of Appeals No. 11CA1604
Industrial Claim Appeals Office of the State of Colorado
DD No. 9150-2011
Joseph A. Anderson, M.D.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Shelly L. Balistreri,
Respondents.
ORDER AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur
Court of Appeals No. 11CA1623
Weld County District Court No. 10CV822
Honorable Elizabeth B. Strobel Judge
Susie Cardenas,
Plaintiff-Appellant,
v.
Jennifer Kay Cardenas,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2156
Industrial Claim Appeals Office of the State of Colorado
DD No. 16796-2011
Tin The Trinh,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and US Postal Service,
Respondents.
ORDER AFFIRMED
Division A
Taubman, Richman and Miller, JJ., concur
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2162
Arapahoe County District Court No. 95CR2509
Honorable Elizabeth B. Volz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Moore,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2291
Adams County District Court No. 10JV357
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.A.R., a Child,
and Concerning V.W.,
Respondent-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2335
Fremont County District Court No. 10JV96
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.M-R., a Child,
and Concerning B.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE VOGT*
Davidson, C.J. and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2448
Adams County District Court No. 11JV13
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.E., a Child,
and Concerning J.E.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Richman and Miller, 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. 09CA1635
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isaiah Anthony Vialpando,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2072
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abrahan Heriberto Salazar,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0883
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas West,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2066
Carlos Bassatt,
Complainant-Appellee,
and
Colorado Civil Rights Commission,
Appellee,
v.
School District No. 1 in the City and County of Denver,
Respondent-Appellant.
Petition for Rehearing DENIED
Booras, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2193
Paul I. Pollard, Jr.,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2249
El Paso County District Court No. 01CR946
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John P. Kalinowski,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0454
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peter E. Gomez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
M O D I F I E D O P I N I O N S
Court of Appeals No. 06CA2677 12 COA 67
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Damon Devereaux Durapau,
Defendant-Appellant.
Opinion Modified
on the Court’s Own Motion
* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.