ANNOUNCEMENTS
COLORADO COURT OF APPEALS
FEBRUARY 28, 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. 10CA0320
Alamosa County District Court No. 08CR288
Honorable Martin A. Gonzales, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Johnnie Nicholas Garcia,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
Court of Appeals No. 10CA1480
Arapahoe County District Court No. 07CR2974
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Omer Kelil Hassen,
Defendant-Appellant.
JUDGMENT AND SENTENCE REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
Court of Appeals No. 11CA1077
Adams County District Court No. 10CR477
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lewis Burton Ridgeway,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 11CA1342
Rio Grande County District Court No. 07CV87
Honorable John K. Kuenhold, Judge
William P. Settle and Corinna Settle,
Plaintiffs-Appellants,
v.
Janet M. Basinger, M.D.; and Valley Citizens Foundation for Health Care, Inc., d/b/a/ Rio Grande Hospital,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
Court of Appeals No. 11CA1802
Weld County District Court No. 02CR562
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peter Leo Dinkel,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE NAVARRO
Casebolt and Miller, JJ., concur
Court of Appeals Nos. 11CA1856 & 11CA1857
City and County of Denver District Court Nos. 11CV4424 & 11CV4427
Honorable Michael A. Martinez, Judge
Taxpayers for Public Education; Cindra S. Barnard; Marson S. Barnard; James LaRue; Suzanne T. Larue; Interfaith Alliance of Colorado; Rabbi Joel R. Schwartzman; Reverend Malcolm Himschoot; Kevin Leung; Christian Moreau; Maritza Carrera;
and Susan McMahon,
Plaintiffs-Appellees,
v.
Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education,
Defendants-Appellants
and
Florence and Derrick Doyle, on their own behalf and as next friends of their children, A.D. and D.D.; Diana and Mark Oakley, on their own behalf and as next friends of their child, N.O.; Jeanette Strohm-Anderson and Mark Anderson, on their own behalf and as next friends of their child, M.A.,
Intervenors-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham, J., concurs
Bernard, J., dissents
Court of Appeals No. 11CA1886
Jefferson County District Court No. 10DR1216
Honorable Dennis J. Hall, Judge
In re the Marriage of
Sarah Joanne Rivera,
Appellee,
and
Ryan Lee Rivera,
Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE ROMÁN
Terry and Vogt*, JJ., concur
Court of Appeals No. 11CA2103
Grand County District Court No. 09CR123
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew Gravina,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
Court of Appeals No. 11CA2293
Adams County District Court No. 08CR896
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Esteban Campos-Corona,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
Court of Appeals No. 12CA0130
Adams County District Court No. 10CV1994
Honorable C. Scott Crabtree, Judge
Northglenn Urban Renewal Authority,
Plaintiff-Appellant,
v.
Gil Reyes, in his official capacity as Adams County Assessor; and Board of County Commissioners of the County of Adams,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE ROMÁN
Terry and Vogt*, JJ., concur
Court of Appeals No. 12CA0654
El Paso County District Court No. 11CV2475
Honorable G. David Miller, Judge
Shelter Mutual Insurance Company,
Plaintiff-Appellee,
v.
Steven D. Vaughn and Alvin J. Miller,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
Court of Appeals No. 12CA0967
Weld County District Court No. 11CV610
Honorable Dinsmore Tuttle, Judge
Vista Ridge Master Homeowners Association, Inc.,
Plaintiff-Appellee,
v.
Arcadia Holdings at Vista Ridge, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, 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. 06CA2123
El Paso County District Court No. 05CR3380
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brenda Lee Vargas,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 09CA1448
City and County of Denver District Court No. 08CR241
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brett Candelaria,
Defendant-Appellant.
JUDGMENT AFFIRMED
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. 09CA2098
Arapahoe County District Court No. 07CR2698
Honorable Valeria J. Spencer, Judge
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Lee Dean,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE VOGT*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0241
Adams County District Court No. 09CR1403
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Joseph McCallum,
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. 10CA1839
City and County of Denver District Court No. 09CR4814
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hector Huerta, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMán
Terry and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2388
Jefferson County District Court No. 09CR2533
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Israel Cisneros,
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. 11CA0658
Las Animas County District Court No. 10CR36
Honorable Leslie J. Gerbracht, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Don Darrell Duran,
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. 11CA0758
Adams County District Court No. 10CR331
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Laverne Walker, Jr.,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1776
Douglas County District Court No. 09DR176
Honorable Christopher C. Cross, Judge
In re the Marriage of
Jennifer Anne Pieratt, n/k/a Jennifer Anne Gietl,
Appellee,
and
Brett Wilson Pieratt,
Appellant.
JUDGMENT REVERSED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1837
City and County of Denver District Court No. 04CR3749
Honorable Michael A. Martinez, Judge
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roy Standing-Crow,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur
Court of Appeals No. 11CA1889
Mesa County District Court No. 09CR70
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Michael Tharp,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 11CA2113
Adams County District Court No. 05CR3234
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Muhammed Nazir Al-Chalati,
Defendant-Appellant.
Order affirmed
Division V
Opinion by JUDGE TERRY
Román and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2259
El Paso County District Court No. 11CR1055
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Melanie Lynn Ucker,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals Nos. 12CA0083
Douglas County District Court No. 04DR340
Honorable Donald W. Marshall, Judge
In re the Marriage of
Tammy Louise Davies,
Appellant,
and
Christopher Ryan Goodsell,
Appellee.
ORDER 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. 12CA0183
City and County of Denver District Court No. 10DR3770
Honorable Herbert L. Stern, III, Judge
In re the Marriage of
Valerie L. Miller,
Appellee,
and
David Abegg,
Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0228
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-761-745
Jane Baldwin,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Air Wisconsin Airlines Corporation; and ACE,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE VOGT*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0484
El Paso County District Court No. 98CR5204
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Maurice Little,
Defendant-Appellant.
Order affirmed
Division V
Opinion by JUDGE TERRY
Román and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0662
Adams County District Court No. 11CR1571
Honorable Emil A. Rinaldi, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Theodore Dean Acosta,
Defendant-Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0744
La Plata County District Court No. 09CV446
Honorable Jeffrey R. Wilson, Judge
Bank of the San Juans, a Colorado banking corporation,
Plaintiff-Appellee,
v.
James H. Custer,
Defendant-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE VOGT*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0993
Adams County District Court No. 07CR1715
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Malden Spencer,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1038
El Paso County District Court No. 10DR1428
Honorable Deborah J. Grohs, Judge
In re the Marriage of
Susanna Frederick,
Appellee,
and
Charles Frederick,
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. 12CA1235
City and County of Denver District Court Nos. 02CR2824 & 02CR2825
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Buchanan, III,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE VOGT*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1246
City and County of Denver District Court No. 06CR6192
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terrina Flora-Alexander,
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. 12CA1909
Industrial Claim Appeals Office of the State of Colorado
DD No. 14222-2012
Christopher S. Hay,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Tranoi Ristoranti, LLC, d/b/a Rustico,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1955
Mesa County District Court No. 11JV425
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.R., a Child,
and Concerning S.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BOORAS
Dailey and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2051
Industrial Claim Appeals Office of the State of Colorado
DD No. 17320-2012
Town of Monument,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mark A. Carmel,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 12CA2323
Industrial Claim Appeals Office of the State of Colorado
DD No. 16100-2012
Richard A. Gomez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and RME Trucking, LLC,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE NIETO*
Davidson, C.J., and Kapelke*, J., concur
Court of Appeals No. 12CA2586
City and County of Denver County Probate Court No. 12MH633
Honorable Ruben M. Hernandez, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Eugene Zuniga,
Respondent-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE NAVARRO
Casebolt and Miller, 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. 09CA1142
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sofio Cruz-Rosales,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1313
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel John Martinez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0414
Rose L. Watson Revocable Trust,
Plaintiff-Appellant,
v.
BP America Production Company,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1500
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Alan Britton,
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.