ANNOUNCEMENTS

COLORADO COURT OF APPEALS

JANUARY 31, 2013

“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. 09CA2147

Douglas County District Court No. 06CR678

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Charles Houser,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB

Lichtenstein and Fox, JJ., concur

Court of Appeals No. 12CA0445

Jefferson County District Court No. 11CV1417

Honorable Philip J. McNulty, Judge

Target Corporation, a Minnesota corporation,

Plaintiff-Appellee,

v.

Prestige Maintenance USA, Ltd.,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE

Román and Furman, JJ., concur

Court of Appeals No. 12CA2482

City and County of Denver District Court No. 09DR775

Honorable William D. Robbins, Judge

Honorable Karen F. Hubler, Magistrate

In re the Parental Responsibilities Concerning M.D.E., a child,

and Concerning Bernice M. Spencer,

Intervenor-Respondent,

and

Scott D. Rottler,

Petitioner.

ORDER VACATED

Division A

Opinion by JUDGE J. JONES

Webb and Gabriel, 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. 08CA0907

Larimer County District Court No. 02CR1285

Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Guadalupe Pete Delgado,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III

Opinion by JUDGE DAILEY

Furman and Booras, JJ., concur

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

Court of Appeals No. 09CA1609

City and County of Denver District Court No. 03CR4418

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Edward L. Castleberry,

Defendant-Appellant.

JUDGMENT 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. 09CA1852

Jefferson County District Court No. 08CR3320

Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillipp Williams,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Román and Terry, JJ., concur

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

Court of Appeals No. 10CA0174

City and County of Denver District Court Nos. 09CR156 & 09CR654

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gradie Miles,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE DUNN

Loeb, J., concurs

Gabriel, J., dissents

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

Court of Appeals No. 10CA0548

Jefferson County District Court No. 09CR314

Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Eric Gibson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE ROMán

Carparelli and Terry, JJ., concur

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

Court of Appeals No. 10CA1872

Arapahoe County District Court No. 08CR1465

Honorable J. Mark Hannen, Judge

Honorable Elizabeth A. Weishaupl, Judge

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlo Nicholas Celani,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE LICHTENSTEIN

Webb and Fox, JJ., concur

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

Court of Appeals No. 10CA2027

Arapahoe County District Court No. 01CR3376

Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Benjamin Wear,

Defendant-Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE PLANK*

Taubman and Sternberg*, JJ., concur

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

Court of Appeals No. 10CA2186

Arapahoe County District Court No. 07CR2116

Honorable Elizabeth A. Weishaupl, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jerry Thompson,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Miller and Navarro, JJ., concur

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

Court of Appeals No. 10CA2659

Adams County District Court No. 96CR12

Honorable Harlan R. Bockman, Judge

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Raymond Albert Cano,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE FURMAN

Hawthorne and Román, JJ., concur

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

Court of Appeals No. 11CA0353

El Paso County District Court No. 08CR4217

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Adler Volmar,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Lichtenstein and Fox, JJ., concur

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

Court of Appeals No. 11CA1185

Adams County District Court No. 10CR2415

Honorable John E. Popovich, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher David Juarez,

Defendant-Appellant.

SENTENCES AFFIRMED

Division VI

Opinion by JUDGE LOEB

Gabriel and Dunn, JJ., concur

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

Court of Appeals No. 11CA1517

Arapahoe County District Court No. 09CR1858

Honorable Carlos A. Samour, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Brijon Jones,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt and Miller, JJ., concur

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

Court of Appeals No. 11CA1753

Adams County District Court No. 10CV490

Honorable C. Scott Crabtree, Judge

Regency Realty Group, Inc.,

Plaintiff-Appellant,

v.

Terracon Consultants, Inc., a Delaware corporation, d/b/a Terracon,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE J. JONES

Bernard and Richman, JJ., concur

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

Court of Appeals No. 11CA1790

Adams County District Court No. 10CR3285

Honorable John Popovich, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rodolfo Chavez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Loeb and Dunn, JJ., concur

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

Court of Appeals No. 11CA2012

City and County of Denver District Court No. 05CR3229

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dejuan L. Vandyke,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE MILLER

Casebolt and Navarro, JJ., concur

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

Court of Appeals No. 11CA2275

Adams County District Court No. 99CR2022

Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Reynoldo Flores,

Defendant-Appellant.

APPEAL DISMISSED

Division II

Opinion by JUDGE CASEBOLT

Miller and Navarro, JJ., concur

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

Court of Appeals No. 11CA2581

El Paso County District Court No. 05CR3776

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Nicholls,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

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

Court of Appeals No. 12CA0427

Industrial Claim Appeals Office of the State of Colorado

DD115642011

R & D International, Inc. d/b/a Young Colors,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training Employer Services – Integrity/Employer Audits,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE KAPELKE*

Webb and Fox, JJ., concur

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

Court of Appeals No. 12CA0482

Pueblo County District Court No. 09DR1163

Honorable Clinton A. Smith, Judge

In re the Parental Responsibilities Concerning J.D.R., Child,

and Concerning Filemon Rael,

Appellant,

and

Rori Anne Kochevar,

Appellee.

APPEAL DISMISSED WITHOUT PREJUDICE

Division VII

Opinion by JUDGE BERNARD

J. Jones and Richman, JJ., concur

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

Court of Appeals No. 12CA0499

Park County District Court No. 11DR1

Honorable Stephen A. Groome, Judge

In re the Marriage of

Christiann Castillo,

Appellee,

and

Allen R. Summers, Jr.,

Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Graham and Hawthorne, JJ., concur

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

Court of Appeals No. 12CA0562

El Paso County District Court No. 11CV3130

Honorable Kirk S. Samelson, Judge

Andrea L. Meyer,

Plaintiff-Appellant,

v.

Crystal A. Bretton,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE MILLER

Casebolt and Navarro, JJ., concur

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

Court of Appeals No. 12CA0819

El Paso County District Court No. 06DR3465

Honorable Theresa M. Cisneros, Judge     

In re the Marriage of

Diane Hamilton,

Appellee,

and

William E. Stumpe,

Appellant.

APPEAL DISMISSED IN PART  

AND ORDER AFFIRMED IN PART

Division I

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

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

Court of Appeals No. 12CA1088

Adams County District Court No. 04CR3051

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James R. Sardakowski,

Defendant-Appellant.

ORDERS AFFIRMED

Division B

Carparelli, Román, and Terry, JJ.

PER CURIAM

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

Court of Appeals No. 12CA1192

Adams County District Court No. 09CR161

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeramy Jacob McCauley,

Defendant-Appellant.

Order affirmed

Division V

Opinion by JUDGE TERRY

Carparelli and Román, JJ., concur

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

Court of Appeals No. 12CA1199

Jefferson County District Court No. 08CR2096

Honorable Tamara S. Russell, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James S. Powell,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE DUNN

Loeb and Gabriel, JJ., concur

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

Court of Appeals No. 12CA1500

Larimer County District Court No. 02CR1966

Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Alan Britton,

Defendant-Appellant.

ORDERS AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Loeb and Dunn, JJ., concur

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

Court of Appeals No. 12CA1691

Alamosa County District Court No. 10JV42

Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.S. and P.S., Children,

and Concerning S.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE J. JONES

Bernard and Richman, JJ., concur

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

Court of Appeals No. 12CA2017

Industrial Claim Appeals Office of the State of Colorado

DD No. 13578-2012

John A. Elzea,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Furman and Booras, JJ., concur

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

Court of Appeals No. 12CA2044

Industrial Claim Appeals Office of the State of Colorado

DD No. 11845-2012

Michelle A. Strassell,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and CBALL Ventures LLC, d/b/a Dealers Auto Auction of the Rockies,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Bernard and J. Jones, 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. 09CA2404

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Romielo Rodriguez,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0529

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesse Bradburn,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0972

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Oloyea Wallin,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA1829

Health Grades, Inc., a Colorado Corporation,

Plaintiff-Appellant and Cross-Appellee,

v.

Christopher Boyer and Patrick Singson,

Defendants-Appellees and Cross-Appellants.

Opinion Modified and

Petition for Rehearing DENIED

Court of Appeals No. 11CA1970

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Stogsdill,

Defendant-Appellant.

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.