ANNOUNCEMENTS
COLORADO COURT OF APPEALS
AUGUST 30, 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. 08CA2433
Arapahoe County District Court No. 06CR3549
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Andrew Doubleday,
Defendant-Appellant.
JUDGMENT AFFIRMED AND
CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur
Court of Appeals No. 11CA1006
City and County of Denver District Court No. 10DR3279
Honorable Ann B. Frick, Judge
In re the Parental Responsibilities of D.T., a Child,
and Concerning Crystal Lavattiata,
Appellant,
and
Christina Trujillo,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GRAHAM
Sternberg* and Ney*, JJ., concur
Court of Appeals No. 11CA1351
Douglas County District Court No. 10CV3215
Honorable Vincent R. White, Judge
Andrew Hanson,
Petitioner-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry, J., concurs
Fox, J., dissents
Court of Appeals No. 11CA1825
Logan County District Court No. 10CV61
Honorable Douglas R. Vannoy, Judge
John Stulp, Commissioner of Agriculture for the State of Colorado,
Plaintiff-Appellee,
v.
Dean Schuman and Schuman Cattle, LLC,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
Court of Appeals No. 11CA1976
City and County of Denver District Court No. 10CV6341
Honorable William W. Hood, III, Judge
Progressive Casualty Insurance Company, an Ohio corporation,
Plaintiff-Appellee,
v.
S. Bryan Moore,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
Court of Appeals No. 11CA2405
City and County of Denver District Court No. 11CV4164
Honorable A. Bruce Jones, Judge
Colorado Common Cause and Colorado Ethics Watch,
Plaintiffs-Appellees,
v.
Scott Gessler, in his official capacity as Colorado Secretary of State,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Plank*, JJ., concur
Court of Appeals No. 12CA0062
Industrial Claim Appeals Office of the State of Colorado
DD No. 17029-2011
Communications Workers of America 7717, n/k/a Communications Workers of America, Local 7750,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Thomas W. Costello,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Vogt*, 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. 08CA1732
Jefferson County District Court No. 07CR2067
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony John Lowe,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROMán
Bernard and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2039
Mesa County District Court No. 07CR1198
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandon Scott Moore,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2394
Jefferson County District Court No. 06CR3900
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Floyd Raymond Nuss,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROMán
Bernard and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2477
Jackson County District Court No. 07CR11
Honorable Richard P. Doucette, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Reid Meadows,
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. 09CA0251
Adams County District Court No. 03CR3276
Honorable F. Michael Goodbee, Judge
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sigido Jai Sibayan,
Defendant-Appellant.
SENTENCE AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0684
City and County of Denver District Court No. 07CR1602
Honorable Edward D. Bronfin, Judge
Honorable Brian R. Whitney, Judge
Honorable Robert S. Hyatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary James Revis,
Defendant-Appellant.
APPEAL DISMISSED
Division VI
Opinion by JUDGE ROMán
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0809
Jefferson County District Court No. 08CR1717
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan Aguilar-Martinez,
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. 09CA1804
Jefferson County District Court No. 08CR2602
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Daniel Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2358
City and County of Denver District Court No. 08CR10370
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Patrick Romero,
Defendant-Appellant.
SENTENCE AFFIRMED
Division A
Opinion by JUDGE WEBB
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1176
Arapahoe County District Court No. 06CR483
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Eugene Riles,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1298
Arapahoe County District Court No. 98CR2420
Honorable Marilyn L. Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hugh Edward Walton,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1353
City and County of Denver District Court No. 08CR5518
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Quent Scaggs,
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. 10CA1974
Arapahoe County District Court No. 09CR897
Honorable Elizabeth A. Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee and Cross-Appellant,
v.
Glenn Fisher,
Defendant-Appellant and Cross-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur
Court of Appeals No. 11CA0042
Adams County District Court No. 09CV1225
Honorable Edward C. Moss, Judge
Honorable C. Scott Crabtree, Judge
Arielle Bonnell,
Plaintiff-Appellant and Cross-Appellee,
v.
Kristi L. Greenwood,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0157
City and County of Denver District Court No. 08CV1512
Honorable John W. Madden, IV, Judge
Michael P. Marotta,
Plaintiff-Appellant,
v.
1200 Vine Condominium Owners’ Association, Inc.; Jeremy Jankovich; Alex Best; Theresa Rash; and Jasper Fortenberry,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 11CA0448
Arapahoe County District Court No. 98DR3442
Honorable Michael J. Spear, Judge
In re the Marriage of
Victoria O’Brien, n/k/a Victoria Provenza,
Appellant,
and
James O’Brien,
Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0910
Adams County District Court No. 10CR680
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zachary Lee Rexroat,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE KAPELKE*
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0915
Adams County District Court No. 09CV1520
Honorable C. Scott Crabtree, Judge
Honorable Katherine R. Delgado, Judge
Gray Fox Office-Warehouse Center Association, Inc., a Colorado nonprofit corporation and Gray Fox II Office-Warehouse Center Association, Inc., a Colorado nonprofit corporation,
Plaintiffs-Appellees,
v.
Gray Fox Investments, LLC, a Colorado limited liability company,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0923
Arapahoe County District Court No. 00CR1835
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlton Cottman,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1087
Pueblo County District Court Nos. 03CR1247 & 04CR1356
Honorable Jill S. Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry C. Miller,
Defendant-Appellant.
Order 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. 11CA1199
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-718-516
Scott Balfour,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Oakwood Homes Limited Liability Company; and Pinnacol Assurance,
Respondents.
Division VI
Opinion by JUDGE ROMÁN
Bernard and Gabriel, JJ., concur
Court of Appeals No. 11CA1264
City and County of Denver District Court No. 07CV11985
Honorable Robert L. McGahey, Jr., Judge
Honorable Brian Whitney, Judge
Amber Fitzpatrick,
Plaintiff-Appellant,
v.
Michael H. Handler, M.D.; and University Physicians, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1420
City and County of Denver District Court No. 93CR620
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alexander Roses,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1893
Arapahoe County District Court No. 07DR566
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Paul Kaufhold,
Appellee,
and
Tanya Kaufhold, n/k/a Tanya Castle,
Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
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. 11CA1975
Jefferson County District Court No. 10CV4724
Honorable Jane A. Tidball, Judge
Honorable R. Brooke Jackson, Judge
Edwin A. Wright,
Plaintiff-Appellant,
v.
James Alan Hull,
Defendant-Appellee.
JUDGMENT AND ORDERS 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. 11CA2086
Jefferson County District Court No. 06CR3103
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Philip A. Stalkup,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0162
Arapahoe County District Court No. 11CV2070
Honorable Elizabeth A. Weishaupl, Judge
Carol Travers,
Plaintiff-Appellant,
v.
Lionshead Associates, Inc., d/b/a Val Pak of Denver,
Defendant-Appellee.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0240
Industrial Claim Appeals Office of the State of Colorado
DD No. 26365-2011
Reggie R. Lenhart,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Sun City Trailers, LLC,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1030
Industrial Claim Appeals Office of the State of Colorado
DD No. 4820-2012
Jacob L. John,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Whole Foods Market Southwest LP,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1123
Pueblo County District Court No. 11MH277
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Jesus Robert Bruce,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1162
Pueblo County District Court No. 12MH142
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Jeannie Austraw,
Respondent-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, 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. 08CA2703
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Leroy Fawver,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA1427
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Carter Priest, III,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA2535
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John T. Kerr,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1251
Adam Robert Vanderpool,
Plaintiff-Appellant,
v.
Jeremy Rhys Loftness,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
Announced July 5, 2012
Equity Secured Funds, Inc.,
Plaintiff-Appellee,
v.
Edwin H. McKenna; Patricia McKenna; McKenna Family Trust; and Hilltop Partners, LLC, a Colorado limited liability company,
Defendants-Appellants.
Court of Appeals No. 12CA0046
Gary Allen Kemper,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; LPR Construction Company and Miller Safety; and Pinnacol Assurance,
Respondents.
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.