ANNOUNCEMENTS
COLORADO COURT OF APPEALS
OCTOBER 4, 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. 09CA1632
Arapahoe County District Court No. 07CR3541
Honorable James F. Macrum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Esteban Franco-Ramirez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2026
Adams County District Court No. 08CR2063
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Laura Carole Childress,
Defendant-Appellant.
JUDGMENT 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. 10CA0736
City and County of Denver District Court No. 09CR801
Honorable Shelley I. Gilman, Judge
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Lawrence Garcia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROY
Richman, J., concurs
Dailey, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0950
Weld County District Court No. 08CR2117
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Jesus Ortega,
Defendant-Appellant.
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1643
Adams County District Court No. 09CR1010
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Raymond Hoag,
Defendant-Appellant.
JUDGMENT 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. 10CA1736
Mesa County District Court No. 09CR825
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ian Steve Calegory,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2103
Weld County District Court No. 09CR1782
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Theodore Eugene Montiel,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 10CA2142
Larimer County District Court No. 08CR1541
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Cordel Robinson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Lichtenstein and Gabriel, JJ., concur
Court of Appeals No. 10CA2317
Jefferson County District Court No. 10JD12
Honorable Christie B. Phillips, Judge
Honorable Ann G. Meinster, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.H.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2350
City and County of Denver District Court No. 09DR2227
Honorable Norman D. Haglund, Judge
In re the Marriage of
Regina T. Drexler,
Appellee,
and
Charles B. Bruce, Jr.,
Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE PLANK*
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2479
El Paso County District Court No. 09CR1952
Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Gregory Malveaux,
Defendant-Appellant.
JUDGMENT 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. 10CA2495
Jefferson County District Court No. 09CR2385
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen James Lakey,
Defendant-Appellant.
ORDER REVERSED, SENTENCE VACATED,
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. 11CA0008
Mesa County District Court No. 10CR223
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jade Diego Maldonado,
Defendant-Appellant.
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. 11CA0072
Arapahoe County District Court No. 04CR1690
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Genero Javon Zuniga,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE PLANK*
Gabriel and Nieto*, JJ., concur
Court of Appeals No. 11CA0975
Prowers County District Court No. 91CR65
Honorable Douglas Tallman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ray E. Butler,
Defendant-Appellant
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1304
City and County of Denver District Court No. 09CV3750
Honorable Norman D. Haglund, Judge
Shareq Khan,
Plaintiff-Appellee,
v.
Snooz’Ease Furniture Company, a Colorado corporation,
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. 11CA1376
Jefferson County District Court No. 11CR300
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christian Nicholas Duran,
Defendant-Appellant.
APPEAL DISMISSED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 11CA1412 & 11CA1475
City and County of Denver District Court No. 09DR2227
Honorable Herbert L. Stern, III, Judge
In re the Marriage of
Regina T. Drexler,
Appellee,
and
Charles B. Bruce, Jr.,
Appellant.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE PLANK*
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1694
Pitkin County District Court No. 10CV145
Honorable Daniel B. Petre, Judge
James Berkus; the Davis Family Trust; and the McNanie Family Trust,
Plaintiffs-Appellants,
v.
The Residences at Little Nell Development, LLC, a Delaware limited liability company
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1728
Arapahoe County District Court No. 10CV2313
Honorable Charles M. Pratt, Judge
Virginia M. Brown,
Plaintiff-Appellee,
v.
Patricia Savich and Sandra Hudgins,
Defendants-Appellants.
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. 11CA2078
Adams County District Court No. 10CV823
Honorable Robert W. Kiesnowski, Jr., Judge
BSLNI, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Russ T. Diamonds, Inc., a Colorado corporation,
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. 11CA2120
City and County of Denver District Court No. 10CV2163
Honorable A. Bruce Jones, Judge
Michael Mahoney and Jacqueline Mahoney,
Plaintiffs-Appellees and Cross-Appellants,
v.
American Family Mutual Insurance Company,
Defendant-Appellant and Cross-Appellee,
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Plank* and Nieto*, JJ., concur
Court of Appeals No. 11CA2134
Arapahoe County District Court No. 11PR828
Honorable Jack F. Smith, Judge
In re the Estate of Emma Parr, a protected person and ward.
Tamra A. Palmer, as conservator for Emma Parr,
Petitioner-Appellee,
and
Emma Parr, as settlor for the Emma Parr Trust, Number One,
Appellee,
v.
Larry Parr, individually and as fiduciary,
Respondent-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2615
Kit Carson County District Court No. 11CV12
Honorable Charles M. Hobbs, Judge
Michael L. Thompson,
Plaintiff-Appellant,
v.
Corrections Corporation of America (CCA) and Colorado Department of Corrections,
Defendants-Appellants.
ORDERS AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2627
Saguache County District Court No. 10CV6
Honorable Martin A. Gonzales, Judge
Bruce C. McDonald,
Plaintiff-Appellee,
v.
OneWest Bank, FSB; and Federal Home Loan Mortgage Corporation,
Defendants-Appellants.
ORDER AFFIRMED
Division V
Opinion by JUDGE MILLER
Fox and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0039
Weld County District Court No. 11CV369
Honorable James F. Hartmann, Judge
Eugene L. Dorsey and Wilma Jean Dorsey,
Plaintiffs,
and Concerning Zarlengo & Kimmell, P.C.,
Attorney-Appellant,
v.
Konig Investments LLC, a Colorado limited liability company,
Defendant-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE PLANK*
Gabriel and Nieto*, JJ., concur
Court of Appeals No. 12CA0468
Industrial Claim Appeals Office of the State of Colorado
DD No. 10492-2011
Karin S. Medina-Keller,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Gregory D. Bennett, DDS, P.C.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
Court of Appeals No. 12CA0473
Industrial Claim Appeals Office of the State of Colorado
DD No. 26796-2011
Robert L. Carson, III,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Linda J. Nichelason,
Respondents.
ORDER AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1028
Larimer County District Court No. 11JV206
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of H.O., a Child,
and Concerning S.O.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 12CA1264
City and County of Denver Juvenile Court No. 10JV1961
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of O.J.L. and O.E.L., Children,
and Concerning M.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1373
Industrial Claim Appeals Office of the State of Colorado
DD No. 9942-2012
Sherrie J. Romo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Mental Health Center of Denver,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur
Court of Appeals No. 12CA1608
Pueblo County District Court No. 12MH14
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Dennis Ray Barefoot, Jr.,
Respondent-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, 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. 08CA2394
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Floyd Raymond Nuss,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2425
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terry Wayne Loader, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
Carparelli, J., would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1269
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Amber Kristine Butler,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0157
Michael P. Marotta,
Plaintiff-Appellant,
v.
1200 Vine Condominium Owners’ Association, Inc.; Jeremy Jankovich; Alex Best; Theresa Rash; and Jasper Fortenberry,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0350
Michelle Rene Brown, f/k/a Michelle Rene Campbell,
Plaintiff-Appellant,
v.
Colorado East Bank & Trust, a Colorado corporation,
Defendant-Appellee.
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. 2012.