ANNOUNCEMENTS

COLORADO COURT OF APPEALS

DECEMBER 13, 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. 09CA0137

El Paso County District Court Nos. 05CR3766 & 07CR5429

Honorable Steven T. Pelican, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Deborah Lee Nicholls,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE VACATED

IN PART, AND CASE REMANDED

Division VII

Opinion by JUDGE HAWTHORNE

Román and Furman, JJ., concur

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

Court of Appeals No. 09CA2202

City and County of Denver District Court No. 08CR2143

Honorable Catherine Lemon, Judge

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Abundio Cardoza-Rodelo,

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. 10CA0741

Adams County District Court No. 09CR1882

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

German Antonio Guzman,

Defendant-Appellant.

APPEAL DISMISSED IN PART AND

JUDGMENT AND 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. 10CA0906

City and County Denver District Court No. 08CR2222

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Emanuel James Lee Rivera, a/k/a Shawn Rivera,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Booras, J., concurs

Bernard, J., specially concurs in part and dissents in part

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

Court of Appeals No. 10CA1341

El Paso County District Court No. 09CR1220

Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Lawrence Newton,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE PLANK*

J. Jones and Márquez*, JJ., concur

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

Court of Appeals No. 10CA2402

Jefferson County District Court No. 08CR2362

Honorable Stephen M. Munsinger, Judge

Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane Gene Grasser,

Defendant-Appellant.

ORDER 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. 11CA0051

Jefferson County District Court No. 04CR2880

Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kareem Abdul Robinson,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Plank* and Márquez*, JJ., concur

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

Court of Appeals No. 11CA0410

El Paso County District Court No. 08CR4120

Honorable Jann P. Dubois, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nijah Omar Dennis,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Vogt*, JJ., concur

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

Court of Appeals No. 11CA0529

Jefferson County District Court No. 10CR651

Honorable Dennis Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Bradburn,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Lichtenstein and Kapelke*, JJ., concur

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

Court of Appeals No. 11CA0646

Boulder County District Court No. 09CR595

Honorable James C. Klein, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darline A. Chely,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Plank* and Márquez*, JJ., concur

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

Court of Appeals No. 11CA1057

Mesa County District Court No. 07CR1572

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Hoeck,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Vogt*, JJ., concur

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

Court of Appeals No. 11CA1129

Adams County District Court No. 10CR1521

Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Eugene Goddard,

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. 11CA1192

City and County of Denver District Court Nos. 97CR2453, 97CR2455, 97CR2456, 97CR2457 & 97CR2458

Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sylvester Davis,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Gabriel and Kapelke*, JJ., concur

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

Court of Appeals No. 11CA1439

Mesa County District Court Nos. 08CR485, 08CR995 & 09CR34

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert J. Hakel,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE MÁRQUEZ*

J. Jones and Plank*, JJ., concur

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

Court of Appeals No. 11CA1531

El Paso County District Court No. 03CR4837

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Julian Keith Garcia,

Defendant-Appellant.

ORDERS 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. 11CA1630

Adams County District Court No. 09CR3430

Honorable John E. Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Isauro Lopez-Silerio,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Graham and Vogt*, JJ., concur

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

Court of Appeals No. 11CA1642

El Paso County District Court No. 96CR2613

Honorable David D. Parrish, Judge

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gelasio Batres Tagle,

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. 11CA1672

Lincoln County District Court No. 09CV59

Honorable Stanley A. Brinkley, Judge

Mark Kent,

Plaintiff-Appellant,

v.

Executive Director, Colorado Department of Corrections; and Warden, Limon Correctional Facility,

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. 11CA1933

Mesa County District Court No. 11CR710

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Leon Freeman,

Defendant-Appellant.

APPEAL DISMISSED

Division III

Opinion by JUDGE NEY*

Richman and Márquez*, JJ., concur

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

Court of Appeals No. 11CA2265

El Paso County District Court No. 10CR4622

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Karla Janeen Bamber,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Plank* and Márquez*, JJ., concur

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

Court of Appeals No. 11CA2484

Pueblo County District Court No. 11CV119

Honorable Victor Reyes, Judge

Michael Whitington,

Plaintiff-Appellant,

v.

Becky Lucero, former Colorado Parole Board member; Celeste Quinones, former Colorado Parole member; Tom Clements, Executive Director, Colorado Department of Corrections; and James Davis, Department of Parole,

Defendants-Appellees.

APPEAL DISMISSED IN PART, JUDGMENT AFFIRMED IN PART,

REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE CARPARELLI

Miller and Kapelke*, JJ., concur

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

Court of Appeals No. 11CA2517

Jefferson County District Court No. 07CR2117

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dmitry Pleshakov,

Defendant-Appellant.

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. 11CA2635

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.,

Defendant-Appellee.

ORDER AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Plank* and Márquez*, JJ., concur

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

Court of Appeals No. 12CA0075

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-818-912

Vincent Lanuto,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Amerigas Propane, Inc.; and Indemnity Insurance Company of North America,

Respondents.

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. 12CA0152

Arapahoe County District Court No. 03CR2534

Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Jose Velasquez,

Defendant-Appellant.

order affirmed

Division IV

Opinion by JUDGE Plank*

J. Jones and Márquez*, JJ., concur

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

Court of Appeals No. 12CA0720

Jefferson County District Court No. 11CV3177

Honorable Philip J. McNulty, Judge

Golden 5 Homes, LLC; and Julianne McCabe,

Plaintiffs-Appellants,

v.

City of Golden, a Colorado home-rule municipality,

Defendant-Appellee.

orders affirmed and case

remanded with directions

Division IV

Opinion by Judge plank*

J. Jones and Márquez*, JJ., concur

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

Court of Appeals No. 12CA0770

Montrose County District Court No. 11CV381

Honorable James W. Schum, Judge

Matt Miles,

Plaintiff-Appellant,

v.

City of Montrose, a Colorado municipality,

Defendant-Appellee.

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. 12CA1198

Mesa County District Court No. 11JV174

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Gabriel and Kapelke*, JJ., concur

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

Court of Appeals No. 12CA1274

Adams County District Court No. 10JV408

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.B., a Child,

and Concerning T.P.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE NEY*

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

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

Court of Appeals No. 12CA1319

Arapahoe County District Court No. 03CR2395

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Alejandro Vizcaya-Gomez,

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. 12CA1458 

Industrial Claim Appeals Office of the State of Colorado

DD No. 1393-2012

Jennifer M. Mullin

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Ivan S. Alkes, M.D.,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE FURMAN

Hawthorne and Román, JJ., concur

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

Court of Appeals No. 12CA1615

Industrial Claim Appeals Office of the State of Colorado

DD No. 3913-2012

Gary G. McCartney,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Sysco Denver, Inc.,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Richman and Nieto*, JJ., concur

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

Court of Appeals No. 12CA1716

Adams County District Court No. 11JV156

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J-Y.H., Child,

and Concerning A.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE KAPELKE*

Lichtenstein and Gabriel, JJ., concur

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

Court of Appeals No. 12CA1719

El Paso County District Court No. 11JV1534

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning K.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE VOGT*

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

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

Court of Appeals No. 12CA1790

Industrial Claim Appeals Office of the State of Colorado

DD No. 11544-2012

Thomas R. Ahern,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Benefit Payment Control,

Respondents.

ORDER 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. 12CA1901

Industrial Claim Appeals Office of the State of Colorado

DD No. 7112-2012

Thomas Dangerfield,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Colorado State Department of Transportation,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE NIETO*

Dailey and Richman, 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. 09CA2461

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Henry Richardson,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1998

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cecilio Victor Chavez,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2540

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent M. Lucero,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2547

Patrick Duray Portley-El

Plaintiff-Appellant,

v.

Chaplain Dycus; Kevin Winslow, Kit Carson Correctional Center; and the Colorado Department of Corrections.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2558

Ayse Bekirova and Yunuz Suleyman,

Plaintiffs-Appellants,

v.

Doris Anderson, as Personal Representative of the Estate of Mervin Anderson,

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.