ANNOUNCEMENTS
COLORADO COURT OF APPEALS
APRIL 4, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA2388
Logan County District Court No. 08CR208
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jake Lewis Gurule,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 10CA0992
Mesa County District Court No. 10CR1285
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jarrod Ralph Rutter,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART AND VACATED IN PART,
ORDER AFFIRMED IN PART AND REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE HAWTHORNE
Taubman, J., concurs
Graham, J., concurs in part and dissents in part
Court of Appeals No. 10CA1377
El Paso County District Court No. 09CR2720
Honorable Jann P. DuBois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Delaluz Torres-Munoz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
Court of Appeals No. 10CA1405
Boulder County District Court No. 03CV55
Honorable D.D. Mallard, Judge
Lynn Young, individually and on behalf of all others similarly situated,
Plaintiff-Appellant,
v.
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0173
El Paso County District Court No. 09CR1305
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael E. Redd,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0196
Saguache County District Court No. 03CR7
Honorable Martin A. Gonzales, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jody Jowell,
Defendant-Appellant.
ORDER 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. 11CA0794
Fremont County District Court No. 09CR266
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David R. Chacon,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by JUDGE NAVARRO
Miller and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1318
City and County of Denver District Court No. 04CR3223
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Ramon D. Romero,
Defendant-Appellant.
SENTENCE 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. 11CA1319
Douglas County District Court No. 10CR59
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Nathan Turner,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2138
El Paso County District Court No. 02CR2770
Honorable Robert W. Ogburn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip Andrew Punk, Jr.,
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. 11CA2577
Larimer County District Court No. 02CR713
Honorable Steven E. Shinn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Anthony Aragon,
Defendant-Appellant.
ORDER 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. 12CA0022
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0154
La Plata County District Court No. 09CV511
Honorable David L. Dickinson, Judge
Honorable Frank Plaut, Judge
Honorable David A. Cole, Judge
Christopher D. Haynes; and Junior’s Farm and Distribution, Inc., a Colorado corporation,
Plaintiffs-Appellants,
v.
Sara Lee Fresh, Inc., a Delaware Corporation,
Defendant-Appellee.
APPEAL DISMISSED IN PART, ORDERS AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0547
Douglas County District Court No. 04DR168
Honorable Angela R. Arkin, Judge
In re the Marriage of
Mary E. Schmedeman,
Appellee,
and
Danny D. Schmedeman,
Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0637
El Paso County District Court No. 10CR3298
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Judy Ann Romero,
Defendant-Appellee.
SENTENCE VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0746
El Paso County District Court No. 09PR39
Honorable Robin L. Chittum, Magistrate
In the Matter of the Estate of Raymond Harding Vavrinek, a/k/a Raymond Vavrinek, deceased.
Janice R. Tanquary,
Appellant,
v.
Barbara J. Oliver, as Personal Representative for the Estate of Raymond Harding Vavrinek,
Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Booras and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1252
Montezuma County District Court No. 11CV93
Honorable Douglas S. Walker, Judge
Golden Years Retirement Home,
Plaintiff-Appellant,
v.
Colorado Department of Public Health and Environment,
Defendant-Appellee.
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. 12CA1311
Adams County District Court No. 11PR590
Honorable C. Vincent Phelps, Judge
In the Matter of the Estate of Robert Dale Wollnick, deceased.
Charles Dale Wollnick,
Appellant,
v.
Karen Benson, Probate Administrator, and Robert Douglas Wollnick,
Appellees.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2365
City and County of Denver Juvenile Court No. 11JV1519
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.R.B.R. and F.I.S., Children,
and Concerning J.I.S. and S.B.R.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Webb, J., 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. 11CA1077
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lewis Burton Ridgeway,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA2482
Darryl Martin,
Plaintiff-Appellant,
v.
Attorney General, State of Colorado; Governor J. Hickenlooper; Executive Director of CDOC, Tom Clements; San Carlos Correctional Facility, Warden; and McCullor, Sex Offender Treatment Director,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2571
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Perez,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0323
Darryl Martin,
Plaintiff-Appellant,
v.
Executive Director of the CDOC, Tom Clements; and Mr. Tafoya, Warden of San Carlos Correctional Facility,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0887
Scott Hansen,
Petitioner-Appellant,
v.
School District No. 1, City and County of Denver, Colorado,
Respondent-Appellee,
and
Office of Administrative Courts,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1630
Scott Hansen,
Plaintiff-Appellant,
v.
School District No. 1, City and County of Denver, Colorado,
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.