ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 31, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA1548
El Paso County District Court No. 00CR379
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Norman Michael Simpson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
J. Russel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1551
El Paso County District Court No. 00CR230
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Norman Michael Simpson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
J. Jones and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0107
City and County of Denver District Court No. 06CR2963
Honorable Anthony F. Vollack, Judge
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose A. Ortiz-Garcia,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2699
Adams County District Court No. 07CR1984
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger David Johnson, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0249
City and County of Denver District Court No. 03CR3193
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Lee Garcia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Furman, J., concurs
Webb, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0407
Arapahoe County District Court No. 03CR1217
Honorable Elizabeth A. Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas L. Foster,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Lichtenstein, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1584
Jefferson County District Court No. 91CR676
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Marie Dominguez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Kapelke*, JJ., concur
Court of Appeals No. 09CA1847
Arapahoe County District Court No. 05CR2493
Honorable Kurt A. Horton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gayna Lanee Schliske,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2203
City and County of Denver District Court No. 03CR3843
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Johnson,
Defendant-Appellant.
SENTENCE VACATED 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. 10CA0175
City and County of Denver District Court No. 09CR1933
Honorable William W. Hood, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Behnam Tucker,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Román and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0585
El Paso County District Court No. 08CR4846
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sarena Renee Carlin,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Kapelke*, JJ., concur
Court of Appeals No. 10CA1045
Fremont County District Court No. 08CR333
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Verne Clarence Haney,
Defendant-Appellant.
JUDGMENTS AND SENTENCES AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Nieto*, JJ., concur
Court of Appeals No. 10CA1779
Douglas County District Court No. 05CR402
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Loren Turley,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Nieto*, JJ., concur
Court of Appeals No. 10CA1884
Larimer County District Court No. 09CR1318
Honorable Stephen J. Schapanski, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel G. Ogden,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1930
City and County of Denver District Court No. 07DR3460
Honorable Norman D. Haglund, Judge
In re the Marriage of
Bevin Hartnett,
Appellee,
and
Nancy Nowell,
Appellant.
ORDERS AFFIRMED IN PART AND VACATED IN PART
Division VI
Opinion by JUDGE HAWTHORNE
Russel and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2384
Larimer County District Court No. 07CV1195
Honorable Gregory M. Lammons, Judge
Gallery Homes, Inc.,
Plaintiff-Appellant and Cross-Appellee,
v.
Terracon Consultants, Inc., d/b/a Terracon Consulting Engineers & Scientists,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Ney* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2614
Adams County District Court No. 09CR1676
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Felix Dino Trujillo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0270
Weld County District Court No. 10CR472
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Joseph Johns,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0273
El Paso County District Court No. 06CR2656
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Eugene Valcik,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0299
Mesa County District Court Nos. 98CR1531, 99CR1016. 99CR1096, 99CR1144, 99CR979
Honorable Thomas Michael Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael William Hunter,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0561
Adams County District Court No. 10CR2368
Honorable Robert S. Doyle, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ray John Roberts,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN
PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0777
Jefferson County District Court No. 10CV1896
Honorable Tamara S. Russell, Judge
Regional Transportation District, a political subdivision of the State of Colorado,
Petitioner-Appellant and Cross-Appellee,
v.
Lisa & Tom Enterprises, LLC, a Colorado corporation,
Respondent-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0949
City and County of Denver District Court Nos. 08CR541, 08CR1307, 08CR10214 & 08CR10215
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael K. Lollis,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1317
City and County of Denver District Court No. 10CV8332
Honorable Ann B. Frick, Judge
Patricia A. Evans,
Plaintiff-Appellant,
v.
Castle Meinhold & Stawiarski, LLC; and Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A., as Trustee,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE NIETO*
Roy and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1423
City and County of Broomfield District Court No. 10DR259
Honorable Thomas R. Ensor, Judge
In re the Marriage of
Michael Last,
Appellee,
and
Olga Last,
Appellant.
ORDER REVERSED, JUDGMENT VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1564
Teller County District Court No. 08DR39
Honorable Edward S. Colt, Judge
In re the Marriage of
Astrid Sorensen,
Appellee,
and
Mogens Sorensen,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0184
Industrial Claim Appeals Office of the State of Colorado
DD No. 27122-2011
David Muniz,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Vitamin Cottage Natural Food Markets,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J. and Rothenberg*, 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. 10CA2623
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dervin Leru Taylor,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2661
In re the Marriage of
Debra L. Mann,
Appellant,
and
Leroy M. Mann, Jr.,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0823
Luis Silva,
Plaintiff-Appellant,
v.
Maria Wilcox,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0921
Fekete Homes, Inc.,
Plaintiff-Appellant,
v.
John Sliman and Stacie Sliman,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 11CA1291
In re the Parental Responsibilities of A.B.T., a Child,
and Concerning Susan Nadine Penkoff,
Appellee,
and
Steven K. Terrell,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2380
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.H., a Child,
and Concerning J.E.H.,
Respondent-Appellant
and
T.H.,
Appellee.
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.