ANNOUNCEMENTS
COLORADO COURT OF APPEALS
NOVEMBER 15, 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. 09CA0966
City and County of Denver District Court No. 03CR1498
Honorable William W. Hood, III, Judge
Honorable Larry J. Naves, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antelmo Villegas-Plancarte,
Defendant-Appellant.
Appeal dismissed in part, Order affirmed,
And case remanded with directions
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. 09CA2627
Fremont County District Court No. 08CR290
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Tanner,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Kapelke*, JJ., concur
Court of Appeals No. 10CA0318
City and County of Denver District Court No. 09CR1830
Honorable Anne M. Mansfield, Judge
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shaun Blackmon,
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. 10CA0681
El Paso County District Court No. 04CR2271
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Alan Melcher,
Defendant-Appellant.
ORDER AND SENTENCE 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. 10CA0828
Weld County District Court No. 08CR1194
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Norberto Abundez,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1723
Jefferson County District Court No. 10CR45
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Saul Guzman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1742
Adams County District Court No. 09CR2565
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Alonzo Hood,
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. 10CA1998
Weld County District Court No. 02CR917
Honorable Julie Christine Hoskins, Judge
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cecilio Victor Chavez,
Defendant-Appellant.
ORDER AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE KAPELKE*
Lichtenstein and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2242
Pueblo County District Court No. 09CR1465
Honorable Thomas B. Flesher, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Michael Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2555
El Paso County District Court No. 09CR4655
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kandin Eric Wilson,
Defendant-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. 10CA2611
Jefferson County District Court No. 07CR3293
Honorable Philip J. McNulty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Priest,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Ney*, JJ., concur
Court of Appeals No. 11CA0388
Arapahoe County District Court No. 07CR247
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian K. Rogers,
Defendant-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. 11CA0393
Arapahoe County District Court No. 05CR44
Honorable Angela R. Arkin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luke M. Barela,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0748
Larimer County District Court No. 09CR1301
Honorable Thomas R. French, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adrianna Grine,
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. 11CA0940
Weld County District Court No. 05CR1496
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edward Girouard,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1138
Adams County District Court No. 98CR1731
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Max Martinez, Jr.,
Defendant-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1244
Adams County District Court No. 07CR3684
Honorable Brian N. Bowen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Davis Marhoefer,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE NEY*
Lichtenstein and Gabriel, JJ., concur
Court of Appeals No. 11CA1292
Weld County District Court No. 10CR1244
Honorable Todd L. Taylor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Allen Tyndall,
Defendant-Appellant.
SENTENCE AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1536
City and County of Denver District Court No. 10CV8366
Honorable Ann B. Frick, Judge
Russell E. Green and Nicole K. Green,
Plaintiffs-Appellants,
v.
JP Morgan Chase Bank, NA; and Robert J. Hopp & Associates, LLC,
Defendants-Appellees.
JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
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. 11CA1869
Eagle County District Court No. 10CV215
Honorable R. Thomas Moorhead, Judge
James C. Nestor,
Plaintiff-Appellee,
And
SRD Plumbing, Inc., a Colorado corporation,
Third-Party Defendant-Appellee,
v.
David L. Prater,
Defendant-Appellant.
JUDGMENT 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. 11CA1903
Boulder County District Court No. 98CR2163
Honorable M. Gwyneth Whalen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Martinez-Mares,
Defendant-Appellant.
order 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. 11CA1949
City and County of Denver Probate Court No. 06PR1657
Honorable Elizabeth D. Leith, Judge
Honorable C. Jean Stewart, Judge
In the Matter of the Estate of Florence Kessler Ruston, a/k/a Florence K. Ruston, a/k/a Florence Ruston, deceased.
Shellie Ruston Munn,
Appellant,
v.
Adrienne R. Porterfield, individually and as Co-Personal Representative for the Estate of Florence Kessler Ruston; and Michael A. Smith, as Co-Personal Representative for the Estate of Florence Kessler Ruston,
Appellees.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Vogt*, JJ., concur
Court of Appeals No. 11CA2031
Adams County District Court Nos. 09CR1418 & 09CR3192
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Antonio Rios,
Defendant-Appellant.
SENTENCES 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. 11CA2157
City and County of Denver District Court Nos. 91CR1554, 91CR1555, 91CR1557, 91CR1558 & 91CR1563
Honorable H. Jeffrey Bayless, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Byron T. Cortez,
Defendant-Appellant.
ORDER 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. 11CA2358
Jefferson County District Court No. 09CV644
Honorable Stephen M. Munsinger, Judge
Richard K. Diamond, as Chapter 7 Trustee for IVDS Interactive Acquisition Partners, a Florida general partnership,
Plaintiff-Appellee,
v.
Terry K. Vickery,
Respondent,
and Concerning Tari Vickery,
Appellant.
ORDER 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. 11CA2547
Kit Carson County District Court No. 10CV42
Honorable Michael Keith Singer, Judge
Patrick Duray Portley-El,
Plaintiff-Appellant,
v.
Chaplain Dycus; Kevin Winslow; Kit Carson Correctional Center; and the Colorado Department of Corrections
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE VOGT*
Lichtenstein and Gabriel, JJ., concur
Court of Appeals No. 11CA2558
Morgan County District Court No. 10CV166
Honorable Douglas R. Vannoy, Judge
Ayse Bekirova and Yunuz Suleyman,
Plaintiffs-Appellants,
v.
Doris Anderson, as Personal Representative of the Estate of Mervin Anderson,
Defendant-Appellee.
JUDGMENT REVERSED 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. 11CA2597
Bent County District Court No. 10CV50
Honorable Michael Schiferl, Judge
Desi Gallegos,
Plaintiff-Appellant,
v.
Tiffany Cox; Ray Zamora; Dr. David Oba; Brigham Sloan; Corrections Corporation of America, a Tennessee corporation; and Colorado Department of Corrections,
Defendants-Appellees.
JUDGMENT 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. 12CA0161
Arapahoe County District Court No. 00CR2678
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Johnny Lee Reynolds,
Defendant-Appellant.
ORDER 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. 12CA0267
City and County of Denver District Court No. 11CV760
Honorable Catherine A. Lemon, Judge
Robert Montoya,
Plaintiff-Appellant,
v.
Peer Assistance Services and Janet Ferry,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0456
Garfield County District Court No. 10CV347
Honorable Gail H. Nichols, Judge
A-1 Collection Agency, LLC,
Plaintiff-Appellee,
v.
Dave Stark,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Vogt*, JJ., concur
Court of Appeals No. 12CA0532
Arapahoe County District Court No. 04CV1774
Honorable Marilyn Leonard Antrim, Judge
Catholic Health Initiatives Colorado, d/b/a Villa Pueblo Towers,
Plaintiff-Appellant,
v.
City of Pueblo, Colorado, Department of Finance; and Shariar Azadmanesh, as Director,
Defendants-Appellees.
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. 12CA0598
La Plata County District Court No. 10CV468
Honorable Jeffrey R. Wilson, Judge
Pat Duane Cugnini,
Plaintiff-Appellant,
v.
BP America Production Company; Renee Lewis; Paula Zebick; and LAFA, LLC,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0734
Industrial Claim Appeals Office of the State of Colorado
DD No. 30369-2011
Tamara S. Pidhayny,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Soul Haus LTD, LLC,
Respondents.
ORDER AFFIRMED
Division V
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Kapelke*, JJ., concur
Court of Appeals No. 12CA1120
Weld County District Court No. 11JV17
Honorable Elizabeth Strobel, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.W., A.B., and S.B., Children,
and Concerning B.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NIETO*
Davidson, C.J., and Ney*, JJ., concur
Court of Appeals No. 12CA1166
Industrial Claim Appeals Office of the State of Colorado
DD No. 3438-2012
Sean T. Scanlan,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Metropolitan State College,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Kapelke*, J., concur
Court of Appeals No. 12CA1232
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-851-385-01
Farhad Haji Mohammad Mehdi,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Dillards Department Store; and Fidelity & Guaranty,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Sternberg*, J., concur
Court of Appeals No. 12CA1376
El Paso County District Court No. 11JV338
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.R.J., a Child,
and Concerning B.L.J. and T.B.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Dailey and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1498
El Paso County District Court No. 10DR3384
Honorable Barney Iuppa, Judge
In re the Marriage of
Janet Marie Aust,
Appellee,
and
James Joseph Aust,
Appellant.
ORDERS VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
Court of Appeals No. 12CA1602
Adams County District Court No. 11JV155
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.M., a Child,
and Concerning T.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
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. 06CA2373
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marcus Edmond Bohnenkamp,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0879
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Lee Kutz,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA2589 & 11CA2151
Paul A. Dixon; Estate of Donald C. Fortner; Carolyn R. Jones; and Conwood, LLC,
Plaintiffs-Appellants,
v.
Denver Cottonwoods Townhouse Association, Inc., a Colorado Non-Profit Corporation,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0942
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert H. Dixon,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1128
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Joseph Martinez, III,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2615
Michael L. Thompson,
Plaintiff-Appellant,
v.
Corrections Corporation of America (CCA) and Colorado Department of Corrections,
Defendants-Appellants.
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.