ANNOUNCEMENTS

COLORADO COURT OF APPEALS

JUNE 28, 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. 08CA2560

Arapahoe County District Court No. 07CR810

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl Joseph Nance,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE MÁRQUEZ*

Román and Gabriel, JJ., concur

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

Court of Appeals No. 09CA0732

Adams County District Court No. 06CR3170

Honorable Chris Melonakis, Judge

Honorable C. Vincent Phelps, Judge

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Driss Tico Abouali,

Defendant-Appellant.

JUDGMENT REVERSED, SENTENCES VACATED,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE FURMAN

Casebolt and Graham, JJ., concur

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

Court of Appeals No. 09CA0877

Adams County District Court No. 05CR1013

Honorable Thomas R. Ensor, Judge

Honorable C. Scott Crabtree, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jimmie Darryl Halsey,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II

Opinion by JUDGE GRAHAM

Casebolt and Furman, JJ., concur

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

Court of Appeals No. 09CA1360

City and County of Denver District Court No. 07CR6011

Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jamilyah Nelson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Román and Márquez*, JJ., concur

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

Court of Appeals No. 09CA1946

Arapahoe County District Court No. 97CR4188

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Medicine-Blanket,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

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

Court of Appeals No. 09CA1963

Pueblo County District Court No. 08CR940

Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Salas Roebuck,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GRAHAM

Casebolt and Furman, JJ., concur

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

Court of Appeals No. 10CA1185

Arapahoe County District Court No. 09CR658

Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Malachi Darnelle Johnson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE RUSSEL

J. Jones and Sternberg*, JJ., concur

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

Court of Appeals No. 10CA1217

Weld County District Court No. 09CR1955

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Joel Palos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE ROMán

Gabriel and Márquez*, JJ., concur

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

Court of Appeals No. 10CA2502

City and County of Denver District Court No. 09CR10301

Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nadine Montoya,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE ROMán

Ney* and Nieto*, JJ., concur

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

Court of Appeals No. 11CA0110

Jefferson County District Court No. 09CR2494

Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adrian Devon Morrison,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B

Román, Ney* and Nieto*, JJ.

PER CURIAM

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

Court of Appeals No. 11CA0148

Arapahoe County District Court No. 08CR1917

Honorable Marilyn Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Asres Fikre Tolossa,

Defendant-Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE ROY

Terry and Gabriel, JJ., concurs

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

Court of Appeals No. 11CA0244

Eagle County District Court No. 10CV373

Honorable R. Thomas Moorhead, Judge

Ivan Kaufman and Lisa Kaufman, Trustees of the Lisa Kaufman Qualified Personal Residence Trust,

Plaintiffs-Appellants,

v.

Solaris Property Owner, LLC,

Defendant-Appellee,

Judgment Affirmed in Part, Reversed in Part,

and case remanded with directions

Division III

Opinion by JUDGE ROY

Terry and Gabriel, JJ., concur

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

Court of Appeals No. 11CA0627

City and County of Denver District Court No. 86CR2489

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas P. McGrath,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE ROMán

Gabriel and Márquez*, JJ., concur

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

Court of Appeals No. 11CA0714

Adams County District Court No. 10CV1564

Honorable C. Scott Crabtree, Judge

Thomas Reed Owens,

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 V

Opinion by JUDGE NIETO*

Loeb and Miller, JJ., concur

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

Court of Appeals No. 11CA0834

Adams County District Court Nos. 06CR3887 & 07CR257

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lucky Denny,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Graham and Furman, JJ., concur

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

Court of Appeals No. 11CA1031

Jefferson County District Court No. 08CR2368

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Lucas Howell,

Defendant-Appellant.

SENTENCE AFFIRMED

Division V

Opinion by JUDGE LOEB

Hawthorne and Miller, JJ., concur

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

Court of Appeals No. 11CA1232

City and County of Denver District Court No. 09CR1241

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Wolfe Rosen,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE J. JONES

Russel and Sternberg*, JJ., concur

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

Court of Appeals No. 11CA1431

Adams County District Court No. 10CV248

Honorable Katherine R. Delgado, Judge

Honorable C. Scott Crabtree, Judge

Ricardo Flores Magón Academy, a Colorado nonprofit corporation and public charter school,

Plaintiff-Appellant,

v.

Eagle Heights Properties, LLC, a Colorado limited liability company,

Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL

Román and Márquez*, JJ., concur

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

Court of Appeals No. 11CA1491

El Paso County District Court No. 09CV7110

Honorable G. David Miller, Judge

Rajan Gurung,

Plaintiff-Appellee,

v.

Mordechai Orian,

Defendant-Appellant.

JUDGMENT AND ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Roy and Richman, JJ., concur

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

Court of Appeals No. 11CA1502

Arapahoe County District Court No. 05CR3867

Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carl Davis, Jr.,

Defendant-Appellant.

ORDER 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. 11CA1631

Jefferson County District Court No. 10CV3204

Honorable Christopher J. Munch, Judge

Rex Aoki,

Plaintiff-Appellee,

v.

Japan Food Concepts, Inc., d/b/a Kobe An,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Graham and Furman, JJ., concur

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

Court of Appeals No. 11CA2011

El Paso County District Court No. 00CR4508

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeremy M. Petschow,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Román, Ney* and Nieto*, JJ.

PER CURIAM

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

Court of Appeals No. 11CA2242

Industrial Claim Appeals Office of the State of Colorado

DD No. 18400-2011

Heather C. Washington,

Petitioner,

v.                                                           

Industrial Claim Appeals Office of the State of Colorado; and Community Options, Inc.,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE GRAHAM

Casebolt and Furman, JJ., concur

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

Court of Appeals No. 11CA2261

Logan County District Court No. 11CV45

Honorable Kevin L. Hoyer, Judge

Charles A. Farrar,

Plaintiff-Appellant,

v.

Tom Clements, Executive Director of the Colorado Department of Corrections, and the Sterling Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE ROY

Dailey and Richman, JJ., concur

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

Court of Appeals No. 11CA2268

City and County of Denver District Court No. 07CR981

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ronald G. Nickerson,

Defendant-Appellant.

ORDER 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. 11CA2394

Industrial Claim Appeals Office of the State of Colorado

DD No. 12851-2011

Joanne L. Slahta,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Discovery Outsourcing, LLC,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Roy and Richman, JJ., concur

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

Court of Appeals No. 12CA0193

Industrial Claim Appeals Office of the State of Colorado

DD No. 22688-2011

William J. Edwards,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and John Q. Hammons Hotels Management, LLC,

Respondents.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Graham and Furman, JJ., concur

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

Court of Appeals No. 12CA0283

Mesa County District Court No. 10JV474

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.C.L.P., a Child,

and Concerning J.P.,

Respondent-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Graham and Furman, JJ., concur

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

Court of Appeals No. 12CA0401

Montrose County District Court No. 10JV22

Honorable James W. Schum, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.M., Z.M., S.M., D.M., and Z.M., Children,

and Concerning B.M. and C.M.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE KAPELKE*

Davidson, C.J. and Márquez*, JJ., concur

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

Court of Appeals No. 12CA0433

Industrial Claim Appeals Office of the State of Colorado

DD No. 22375-2011

Nyosha Ervin,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Smith & Cook, LLC,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE VOGT*

Davidson, C.J. and Sternberg*, J., concur

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

Court of Appeals No. 12CA0516

Industrial Claim Appeals Office of the State of Colorado

DD No. 29265-2011

David K. Edwards,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Dillon Companies, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Terry, Booras, and Fox, JJ.

PER CURIAM

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

Court of Appeals No. 12CA0559

City and County of Denver Juvenile Court No. 10JV2483

Honorable Donna J. Schmalberger, Judge

----------AND----------

Court of Appeals No. 12CA0560

City and County of Denver Juvenile Court No. 11JV1449

Honorable Donna J. Schmalberger, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.J.M.G. and J.M.M-G., Children,

and Concerning J.J.M.,

Respondent-Appellant.

JUDGMENTS AFFIRMED

                                                      Division III                                           

Opinion by JUDGE RICHMAN

Roy and Dailey, JJ., concur

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

Court of Appeals No. 12CA0611

Industrial Claim Appeals Office of the State of Colorado

DD No. 29104-2011

Janet K. Engquist,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Aspen Hills Assisted Living, LLC,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE FOX

Terry and Booras, 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. 08CA1988

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fermin Raymond Hinojos,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA1141

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Florencio Guzman,

Defendant-Appellant.

Petition for Rehearing DENIED

Webb, J., would GRANT

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

Court of Appeals No. 09CA2149

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Noe Velasquez,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0514

Orion Development, LLC,

Plaintiff-Appellant,

v.

Wheat Ridge 2020, LLC,

Defendant-Appellee.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals Nos. 11CA0744 & 11CA2317

Zeke Coffee, Inc., a Colorado corporation; and Darren Spreeuw,

Plaintiffs-Appellants,

v.

Pappas-Alstad Partnership, a Colorado partnership,

Defendant-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.