ANNOUNCEMENTS

COLORADO COURT OF APPEALS

SEPTEMBER 27, 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. 08CA0105

City and County of Denver District Court No. 05CR4700

Honorable Sheila A. Rappaport, Judge

Honorable William Douglas Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tenarro Banks,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART

AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE GRAHAM

Casebolt and Furman, JJ., concur

Court of Appeals No. 11CA0656

Fremont County District Court No. 09CR332

Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

SENTENCE VACATED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE J. JONES

Taubman, J., concurs

Russel, J., dissents

Court of Appeals No. 11CA1226

Arapahoe County District Court No. 09CR2440

Honorable Elizabeth Beebe Volz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph L. Juanda,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE RUSSEL

Taubman and Plank*, JJ., concur

Court of Appeals No. 11CA2205

City and County of Denver District Court No. 10CV6064

Honorable Ann B. Frick, Judge

Kyle W. Larson Enterprises, Inc., Roofing Experts, d/b/a The Roofing Experts,

Plaintiff-Appellant,

v.

Allstate Insurance Company,

Defendant-Appellee.

Judgment reversed in part

and case remanded with directions

Division VII

Opinion by JUDGE TERRY

Booras and Fox, JJ., concur

Court of Appeals No. 12CA0649

Jefferson County District Court No. 09JV1719

Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of O.C., a Child,

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

Intervenors-Appellants.

order reversed AND case

remanded WITH DIRECTIONS

Division VII

Opinion by JUDGE TERRY

Booras and Fox, JJ., concur

Court of Appeals No. 12CA0771

Boulder County District Court No. 11DR446

Honorable Patrick D. Butler, Judge

In re the Parental Responsibilities of M.W., a Child,

and Concerning Shane Jonas Taylor,

Petitioner-Appellant,

and

Trista Ann Wamsher,

Respondent-Appellee,

and

Edward Day,

Intervenor-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE HAWTHORNE

Loeb and Miller, 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. 06CA2373

Arapahoe County District Court No. 05CR3773

Honorable Vincent R. White, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcus Edmond Bohnenkamp,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Terry and J. Jones, JJ., concur

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

Court of Appeals No. 08CA1467

City and County of Denver District Court No. 06CR3701

Honorable Shelley I. Gilman, Judge

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Martin Currier,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Kapelke*, JJ., concur

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

Court of Appeals No. 09CA2737

City and County of Denver District Court No. 09CR1648

Honorable William W. Hood, III, Judge

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Saul Barajas-Cardenas,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Webb and Loeb, JJ., concur

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

Court of Appeals No. 10CA0689

Adams County District Court No. 09CR1112

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jaime Juarez-Gonzalez,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL

Plank* and Nieto*, JJ., concur

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

Court of Appeals No. 10CA0753

Weld County District Court No. 09CR1091

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Medina,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

Terry and J. Jones, JJ., concur

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

Court of Appeals No. 10CA0872

City and County of Denver District Court No. 08CR4928

Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brandon Cockrell,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Gabriel and Plank*, JJ., concur

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

Court of Appeals No. 10CA1044

El Paso County District Court No. 08CR2420

Honorable Gregory R. Werner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Babcock,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Plank* and Nieto*, JJ., concur

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

Court of Appeals No. 10CA1485

El Paso County District Court No. 09CR125

Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Juan Conedo Gonzales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Graham and Terry, JJ., concur

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

Court of Appeals No. 10CA1525

City and County of Broomfield County Court No. 09CR1

Honorable John E. Popovich, Judge

Honorable Leonard P. Plank, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Austin Nicholas Fields,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE WEBB

Taubman and Loeb, JJ., concur

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

Court of Appeals No. 10CA1928

Weld County District Court Nos. 09CR975 & 09CR882

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jack Lee Holmes,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Gabriel and Plank*, JJ., concur

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

Court of Appeals No. 10CA2480

Weld County District Court No. 04CR1594

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond K. Lara,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE TERRY

Graham and J. Jones, JJ., concur

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

Court of Appeals No. 11CA0471

Fremont County District Court No. 09CR417

Honorable Julie G. Marshall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Phillip Diaz,

Defendant-Appellant.

APPEAL DISMISSED

Division IV

Opinion by JUDGE J. JONES

Graham and Terry, JJ., concur

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

Court of Appeals No. 11CA0554

Mesa County District Court No. 10CR260

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Alexander Burchim,

Defendant-Appellant.

SENTENCE AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Gabriel and Plank, JJ., concur

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

Court of Appeals No. 11CA0852

Boulder County District Court No. 06CR1026

Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jennifer Lynn Engelbrecht,

Defendant-Appellant.

SENTENCE AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Bernard and Booras, JJ., concur

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

Court of Appeals No. 11CA1128

Adams County District Court No. 10CR1484

Honorable Patrick T. Murphy, Judge        

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Joseph Martinez, III,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE HAWTHORNE

Loeb and Miller, JJ., concur

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

Court of Appeals No. 11CA1551

Weld County District Court No. 10CR142

Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shelly Kaye Ferrara,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE PLANK*

Gabriel and Nieto*, JJ., concur

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

Court of Appeals No. 11CA1738

City and County of Denver District Court No. 09CR1593

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

David Lee Mackey,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE BOORAS

Casebolt and Bernard, JJ., concur

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

Court of Appeals No. 11CA1779

Pitkin County District Court No. 10CV329

Honorable Gail H. Nichols, Judge

Capitol Peak Lodge Condominium Association, Inc., a Colorado nonprofit corporation,

Plaintiff-Appellee,

v.

Irish Jewel Development Company, LLC, a Colorado limited liability company,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE ROMÁN

Hawthorne and Furman, JJ., concur

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

Court of Appeals No. 11CA1944

City and County of Denver District Court No. 11CV1336

Honorable William W. Hood, III, Judge

Theda K. Bruns,

Plaintiff-Appellant,

v.

William Matthew M. Thomas, M.D.; and Sarah Calvert, M.D.,

Defendants-Appellees.

ORDER AFFIRMED

Division IV

Opinion by JUDGE GRAHAM

J. Jones and Sternberg*, JJ., concur

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

Court of Appeals No. 11CA2026

Arapahoe County District Court No. 02CR3319

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricardo Casillas-Casillas,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Graham, J. Jones, and Sternberg*, JJ.

PER CURIAM

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

Court of Appeals No. 11CA2107

City and County of Denver District Court No. 11CV4222

Honorable Ann B. Frick, Judge

Sylvia Herring,

Plaintiff-Appellee,

v.

LT Properties, LLC, a Colorado limited liability company,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE BOORAS

Casebolt and Bernard, JJ., concur

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

Court of Appeals No. 11CA2114

Jefferson County District Court No. 11CV1400

Honorable Tamara S. Russell, Judge

Edwin A. Wright and Austin V. Wright,

Plaintiffs-Appellants,

v.

Ted B. Mink, in his official capacity as Sheriff of Jefferson County, State of Colorado; and Board of County Commissioners of the County of Jefferson, State of Colorado

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE TERRY

Graham and J. Jones, JJ., concur

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

Court of Appeals No. 11CA2115

Pitkin County District Court No. 10CV176

Honorable Denise K. Lynch, Judge

Smiles, LLC, f/k/a Aspen Dental Spa, Inc., a limited liability company

Plaintiff-Appellee,

v.

William H. Wesson Professional LLC, DDS,

Defendant,

and Concerning Pitkin County, Colorado, Sheriff’s Department and Eagle County, Colorado, Sheriff’s Department

Appellants.

ORDER AFFIRMED IN PART, REVERSED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Bernard and Booras, JJ., concur

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

Court of Appeals No. 11CA2530

City and County of Denver District Court No. 11CV2872

Honorable A. Bruce Jones, Judge

Cynthia Pinkey,

Plaintiff-Appellant,

v.

Director, Colorado Department of Corrections; and Warden, Denver Women’s Correctional Facility,

Defendants-Appellees.

Judgment affirmed

Division IV

Opinion by JUDGE STERNBERG*

Graham and J. Jones, JJ., concur

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

Court of Appeals No. 12CA0497

Industrial Claim Appeals Office of the State of Colorado

DD No. 27875-2011

Muhammad Abdul Samad,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Global Callcenter Solutions, Inc.,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE FOX

Carparelli and Miller, JJ., concur

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

Court of Appeals No. 12CA0620

City and County of Denver Juvenile Court No. 10JV1352

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.A.N. and T.R.N., Children,

and Concerning R.S.N-B.,

Respondent-Appellant.

CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE STERNBERG*

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

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

Court of Appeals No. 12CA0737

Fremont County District Court No. 12JV19

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of W.J.P. and A.M.P., Children,

and Concerning D.M.P.,

Respondent-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Kapelke*, JJ., concur

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

Court of Appeals No. 12CA0772

El Paso County District Court No. 09JV1541

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.L. and M.F., Children,

and Concerning E.L.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Bernard and Booras, JJ., concur

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

Court of Appeals No. 12CA0976

El Paso County District Court No. 09JV1561

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.M., a Child,

and Concerning A.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE NEY*

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

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

Court of Appeals No. 12CA1049

Lincoln County District Court No. 11JV26

Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.F., a Child,

and Concerning O.M.F. and M.L.L.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE KAPELKE*

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

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

Court of Appeals No. 12CA1220

Industrial Claim Appeals Office of the State of Colorado

D.D. No. 4557-2012

Lorraine Romero,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Alamosa Assisted Living Investors,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE MILLER

Carparelli and Fox, 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. 08CA2329

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth Leon Childress,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 09CA1745

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeff Anthony Casias,

Defendant-Appellant.

Petition for Rehearing DENIED

Fox, J., would GRANT

Court of Appeals No. 11CA0448

In re the Marriage of

Victoria O’Brien, n/k/a Victoria Provenza,

Appellant,

and

James O’Brien,

Appellee.

Petitions for Rehearing DENIED

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

Court of Appeals No. 11CA2563

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Ray Gonzales,

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. 08CA2637

Jefferson County District Court No. 07CR2365

Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Anthony Garrison, II,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE MILLER

Román and Richman, JJ., concur

Opinion Modified on the Court’s Own Motion

Announced August 16, 2012

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2012.