ANNOUNCEMENTS

COLORADO COURT OF APPEALS

MAY 9, 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. 10CA0587

City and County of Broomfield District Court No. 09CR169

Honorable John E. Popovich, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eduardo Dejesus Perez,

Defendant-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Miller and Navarro, JJ., concur

Court of Appeals No. 11CA0676

Alamosa County District Court No. 09CR105

Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Edward Sterns,

Defendant-Appellant.

ORDER AND SENTENCE AFFIRMED

Division III

Opinion by CHIEF JUDGE DAVIDSON

Márquez* and Rothenberg*, JJ., concur

Court of Appeals No. 11CA1085

Larimer County District Court No. 10CR675

Honorable Julie Kunce Field, Judge

Honorable John David Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arturo Luna, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Graham and Hawthorne, JJ., concur

Court of Appeals No. 11CA1786

El Paso County District Court No. 11CR685

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Marcus Doyle,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE DUNN

Loeb and Gabriel, JJ., concur

Court of Appeals No. 11CA1939

Mesa County District Court No. 10CR1285

Honorable Valerie J. Robison, Judge        

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vanessa Ann Zubiate,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

Court of Appeals No. 11CA1940

Douglas County District Court No. 11CV1445

Honorable Richard B. Caschette, Judge

Robert Cox,

Petitioner-Appellant,

v.

The People of the State of Colorado,

Respondent-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE ROY*

Taubman and Graham, JJ., concur

Court of Appeals No. 12CA0797

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-625-053

Ricardo Meza,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Swift Foods Company; and Zurich American Insurance Company,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

J. Jones and Nieto*, JJ., concur

Court of Appeals No. 12CA1618

Weld County District Court No. 10CV1107

Honorable J. Robert Lowenbach, Judge

Town of Milliken,

Plaintiff-Appellant,

v.

Kerr-McGee Oil & Gas Onshore LP, a Delaware corporation,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

Court of Appeals No. 12CA2196

City and County of Denver Juvenile Court No. 11JV1711

Honorable Karen M. Ashby, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.E.R., a Child,

and Concerning T.P.C.-J. and T.M.R.,

Respondents-Appellants.

ORDER AND JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Lichtenstein and Fox, 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. 09CA0021

City and County of Denver District Court No. 06CR4898

Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luther C. Hill,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 10CA0302

City and County of Denver District Court Nos. 03CR286 & 03CR287

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Frederick Barker,

Defendant-Appellant.

ORDER 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. 11CA0382

Jefferson County District Court No. 09CR3036

Honorable Randall C. Arp, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Keith Allen Green,

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. 11CA1590

Larimer County District Court No. 08CR1600

Honorable Stephen E. Howard, Judge

The People of the State of Colorado,

Plaintiff- Appellee,

v.

Jonathon Mark Ehredt,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE BOORAS

Dailey and Furman, JJ., concur

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

Court of Appeals No. 11CA1749

Mesa County District Court No. 10CR1194

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Desiree L. Prescott,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Lichtenstein and Dunn, JJ., concur

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

Court of Appeals No. 11CA2423

City and County of Denver District Court No. 01CR4230

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrence T. Hodges,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Vogt*, JJ., concur

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

Court of Appeals No. 11CA2436

Adams County District Court No. 10CV526

Honorable C. Scott Crabtree, Judge

Robert B. Lloyd and Alice L. Lloyd,

Plaintiffs-Appellants,

v.

Alan B. Rosenberger, M.D.,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt and Terry, JJ., concur

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

Court of Appeals No. 12CA0235

City and County of Denver District Court No. 11CV3802

Honorable R. Michael Mullins, Judge

Gene Lee Yambor,

Plaintiff-Appellant,

v.

Roxy Huber, Executive Director of the Motor Vehicle Division, Department of Revenue, State of Colorado,

Defendant-Appellee.

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. 12CA0349

City and County of Denver District Court No. 04CR4113

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David C. Montoya,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Davidson, C.J., Sternberg*, and Vogt*, JJ.

PER CURIAM

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

Court of Appeals No. 12CA0569

Boulder County District Court No. 09CV1038

Honorable James C. Klein, Judge

Honorable Ingrid S. Bakke, Judge

Hunter Industries, Inc., a Colorado corporation,

Plaintiff-Appellant,

v.

Matthews Custom Homes, Inc., a Colorado corporation; Rick Matthews; Lisa Matthews,

Defendants,

and Fred Matthews,

Defendant-Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

 AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE LICHTENSTEIN

Webb and Fox, JJ., concur

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

Court of Appeals No. 12CA0655

El Paso County District Court No. 03CR4983

Honorable Kirk S. Samelson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hugo Albert Duenas-Garcia,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Davidson, C.J., Sternberg*, and Vogt*, JJ.

PER CURIAM

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

Court of Appeals No. 12CA1075

City and County of Denver District Court No. 11CV6321

Honorable Herbert L. Stern, III, Judge

Ronald Woods,

Plaintiff-Appellee,

v.

City and County of Denver, Colorado,

Defendant-Appellant.

ORDER 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. 12CA1250

Jefferson County District Court Nos. 88CV482, 04CV126 & 04CV375

Honorable Tamara S. Russell, Judge

Plains Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Plaintiff-Appellant,

v.

Ken-Caryl Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,

Defendant-Appellee,

and

Jan Rousselot, Patricia Lynch, and Ruth Sundberg,

Intervenors-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE FOX

Webb and Lichtenstein, JJ., concur

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

Court of Appeals No. 12CA1271

Montezuma County District Court No. 96DR124

Honorable Todd Jay Plewe, Judge

In re the Marriage of

Sally D. Swisse,

Appellant,

and

Timothy B. Swisse,

Appellee.

ORDERS AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE DAILEY

Bernard and Gabriel, JJ., concur

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

Court of Appeals No. 12CA1327

Jefferson County District Court No. 11DR3387

Honorable Christie B. Phillips, Judge

In re the Marriage of

Leif H. Nielsen,

Appellee,

and

Rebecca P. Nielsen,

Appellant.

ORDERS AFFIRMED

Division III

Opinion by JUDGE BERNARD

Dailey and Gabriel, JJ., concur

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

Court of Appeals No. 12CA1429

Douglas County District Court No. 11CV1429

Honorable Paul A. King, Judge

Robert E. Anderson,

Plaintiff-Appellant,

v.

Town of Castle Rock, Colorado,

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. 12CA1806

El Paso County District Court No. 08CR3189

Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Melvin Everett Tipton,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Román and Fox, JJ., concur

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

Court of Appeals No. 12CA2083

Teller County District Court No. 00CR108

Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Wayne Moses,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Casebolt, Lichtenstein, and Dunn, JJ.

PER CURIAM

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

Court of Appeals No. 12CA2104
Industrial Claim Appeals Office of the State of Colorado

WC No. 4-117-942-10

Dorene K. Miller,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Davis, Graham & Stubbs, LLP; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur

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

Court of Appeals No. 12CA2115

Logan County District Court No. 11JV17

Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.C., S.M., and T.M., Children,

and Concerning M.M.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Hawthorne and Richman, JJ., concur

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

Court of Appeals No. 12CA2141

Mesa County District Court No. 09CR1091

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael J. Simpson,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Casebolt, Lichtenstein, and Dunn, JJ.

PER CURIAM

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

Court of Appeals No. 12CA2292

El Paso County District Court No. 01CR297

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Paul Guertin,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE ROMán

Taubman and Fox, JJ., concur

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

Court of Appeals No. 12CA2356

El Paso County District Court No. 11JV64

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of I.P., a Child,

and Concerning S.P. and C.P.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE LOEB

Navarro and Ney*, JJ., concur

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

Court of Appeals No. 12CA2413

Weld County District Court No. 10JV783

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of K.O., Child,

and Concerning B.O.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE NEY*

Loeb and Navarro, JJ., concur

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

Court of Appeals No. 12CA2545

Industrial Claim Appeals Office of the State of Colorado

DD No. 18277-2012

4 Seasons Management Group LLC,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Betty A. Gallegos,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE RICHMAN

Webb and Hawthorne, JJ., concur

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

Court of Appeals No. 12CA2558

Mesa County District Court No. 11JV239

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.A.D., Child,

and Concerning D.L.D.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE NAVARRO

Loeb and Ney*, JJ., concur

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

Court of Appeals No. 13CA0129

Industrial Claim Appeals Office of the State of Colorado

DD No. 24650-2012

Rodolfo J. Rivera, Jr.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance EUC Team,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Booras and Nieto*, JJ., concur

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

Court of Appeals No. 13CA0264

Industrial Claim Appeals Office of the State of Colorado

DD No. 25330-2012

Juanita R. Camacho,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Denver Post Production Facilities L,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE BOORAS

Carparelli and Nieto*, JJ., concur

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

Court of Appeals No. 13CA0321

Industrial Claim Appeals Office of the State of Colorado

DD No. 12858-2012

Jordan O. Worsley,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Safeway Stores, Inc.,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE NIETO*

Carparelli and Booras, JJ., concur

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

Court of Appeals No. 13CA0447

Pueblo County District Court No. 12MH272

Honorable William D. Alexander, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Makani Kenny-Hall,

Respondent-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE J. JONES

Bernard 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. 09CA1094

The People of the State of Colorado,

Plaintiff-Appellee,

v.

William K. Shipp, III,

Defendant-Appellant.

Petitions for Rehearing DENIED

Terry, J., would GRANT petition of Plaintiff-Appellee

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

Court of Appeals No. 10CA0962

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip James Pollard,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

Court of Appeals No. 10CA2414

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Atorrus Leon Rainer,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 11CA0173

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael E. Redd,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0553

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent J. Iversen,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 11CA0814

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Michael Kaywood,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA1866

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Franklin Ampousah Addo,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals Nos. 11CA1955 & 12CA0538

Akeem A. Makeen,

Plaintiff-Appellant,

v.

Woodstream Falls Condominium Association,

Defendant-Appellee

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA2447

Christopher E. Urbina, M.D., M.P.H., Executive Director and Chief Medical Officer, Colorado Department of Public Health and Environment,

Petitioner-Appellee,

v.

C.M.,

Respondent-Appellant.

Petitions for Rehearing DENIED

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

Court of Appeals No. 12CA0242

Michael R. O’Connor,

Plaintiff-Appellant,

v.

Colorado Department of Corrections, Executive Director of the Colorado Department of Corrections; Mary Carlson, Time/Release Operations; and John Suthers, Attorney General,

Defendants-Appellees.

Petition for Rehearing DENIED

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

Court of Appeals No. 12CA0257

Patrick Youngs,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; White Moving and Storage, Inc.; and Pinnacol Assurance,

Respondents.

Petition for Rehearing DENIED

Court of Appeals No. 12CA0512

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Stein,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 12CA0671

Elly Just,

Plaintiff-Appellee,

v.

David P. Lorentzen,

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.