ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 2, 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. 09CA0023
El Paso County District Court No. 07CR2989
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Earl Frederick Mayes,
Defendant-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. 09CA2654
Boulder County District Court No. 09CR386
Honorable M. Gwyneth Whalen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Carols Abeyta,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE WEBB
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0994
Adams County District Court No. 09CR1974
Honorable C. Vincent Phelps, Judge
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jessica Renee Muniz,
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. 10CA1794
El Paso County District Court No. 09CR1849
Honorable Deborah J. Grohs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kyle Sebastian Stott,
Defendant-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. 11CA0405
Pueblo County District Court No. 10CR439
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dwight Roebuck,
Defendant-Appellant.
JUDGMENTS AND SENTENCES AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 11CA0615
Gilpin County District Court No. 08CV75
Honorable Jack W. Berryhill, Judge
Brannan Sand and Gravel Company, LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
County of Gilpin, a Colorado county, acting by and through its Board of County Commissioners; and Jeanne Nicholson, Ron Slinger, and Forrest Whitman, as individuals and in their official capacities as members of the Board of County Commissioners,
Defendants-Appellees,
and
City of Black Hawk and Shack West, LLC,
Intervenors-Appellees.
ORDERS VACATED IN
PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Fox, JJ., concur
Court of Appeals No. 11CA0868
Summit County District Court No. 08CR246
Honorable David R. Lass, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John William Wiemann,
Defendant-Appellant.
ORDER REVERSED, JUDGMENT VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1074
Morgan County District Court No. 10CR156
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Patrick Benitez,
Defendant-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. 11CA1098
Mesa County District Court No. 00CR893
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kelly Lee Clemons,
Defendant-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE ROTHENBERG*
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1159
Elbert County District Court No. 10CR39
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bruce Willis Rickey,
Defendant-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. 11CA1863
Jefferson County District Court No. 06CR4016
Honorable Christopher J. Munch, Judge
Honorable Thomas E. Vance, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Michael Jakub,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TERRY
Casebolt and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2229
Douglas County District Court No. 09CR488
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deandre Devon Pruitt,
Defendant-Appellant.
JUDGMENT 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. 11CA2374
El Paso County District Court No. 09CR2872
Honorable Scott A. Sells, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Delvikio Demarcus Faulkner,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
Court of Appeals No. 11CA2462
Mesa County District Court No. 10CV4363
Honorable David R. Lass, Judge
Michael Gustad,
Plaintiff-Appellee,
v.
Ronald Church and Violet Church,
Defendants-Appellants.
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. 11CA2532
Garfield County District Court No. 85JV89
Honorable Jonathan B. Pototsky, Judge
In re the Support of J.A.R., a Child,
and Concerning Billie Jo Jewell,
Petitioner,
Garfield County Department of Human Services,
Petitioner-Appellee,
and
Robert Roletto,
Respondent-Appellant.
JUDGMENT VACATED 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. 12CA0182
Fremont County District Court No. 11CV161
Honorable Stephen A. Groome, Judge
Brian Hammonds,
Plaintiff-Appellant,
v.
Roger Werholtz, Interim Executive Director of the Colorado Department of Corrections,
Defendant-Appellee.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0291
La Plata County District Court No. 94DR411
Honorable David L. Dickinson, Judge
In re the Marriage of
Neil Johnson,
Appellant,
and
Conni B. Johnson, n/k/a Conni Baines,
Appellee.
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. 12CA0389
Weld County District Court No. 11CR895
Honorable Steven E. Shinn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roth Patrick Louis,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE KAPELKE*
Furman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 12CA0402
City and County of Denver District Court No. 08CV6957 & 08CV8699
Honorable R. Michael Mullins, Judge
Elizabeth Foster; Carolynn DeJaynes; Kenneth R. Shinn; Manuel I. Villareal; Joe Vance; Christopher St. Peters; Tiffany St. Peters; Gladys Holt, individually, and as mother and next friend of Alexandria Holt and Kyle Holt; Dalila Holt; Eric Thomas; Richard Aguirre; and Ortencia Aguirre,
Plaintiffs-Appellants,
v.
KTA-Tator, Inc.; Structural Integrity Associates, Inc.; and Graco, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Loeb and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0444
Fremont County District Court No. 11JA12
Honorable Julie G. Marshall, Judge
In the Matter of the Petition of K.M.J.,
Petitioner-Appellee,
for the adoption of N.L.J., a child,
and concerning J.G.J.,
Respondent-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. 12CA0519
Arapahoe County District Court No. 99CR658
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Dornel Hinton,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Furman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0653
Park County District Court No. 10CV65
Honorable Stephen A. Groome, Judge
Elk Falls Property Owners Association, a Colorado nonprofit organization,
Plaintiff-Appellee and Cross-Appellant,
and
The Paul J. Vastola and Suzanne G. Nelson Living Trust; UAD August 10, 2001; Robert W. Phelps; and Kevin O’Connell,
Plaintiffs-Appellees,
v.
Vera B. Dunwody and Drayton D. Dunwody,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Richman and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0741
City and County of Denver District Court No. 93DR1224
Honorable William W. Hood, III, Judge
In re the Marriage of
Carole D. Longbella, f/k/a Carole D. Pemberton,
Appellee,
and
Donald R. Pemberton,
Appellant.
JUDGMENT REVERSED
Division IV
Opinion by JUDGE WEBB
Fox, J., concurs
Lichtenstein, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0774
El Paso County District Court No. 11CV2422
Honorable Ronald G. Crowder, Judge
Duane Sanders and Shirley Sanders,
Plaintiffs-Appellees,
v.
Dennis Marlow and D Trend Gold Family Limited Partnership,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2590
Industrial Claim Appeals Office of the State of Colorado
DD No. 9998-2012
Kelle A. Dagucon,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and High Desert Gold Corporation,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2615
Industrial Claim Appeals Office of the State of Colorado
DD No. 21556-2012
James W. Williamson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Manny’s of Denver, LLC,
Respondents.
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. 12CA2639
Industrial Claim Appeals Office of the State of Colorado
DD Nos. 30216-2011 & 30218-2011
Redneck Enterprises,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance,
Respondents.
ORDER 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. 13CA0198
Industrial Claim Appeals Office of the State of Colorado
DD No. 24352-2012
Linda J. Iverson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Park Row Lodge Inc., d/b/a Super 8 Motel Manitou Springs,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0219
Industrial Claim Appeals Office of the State of Colorado
DD No. 27915-2012
Gregory J. Sparks,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Vista TD, LLC,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Sternberg*, 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. 10CA0468
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Sands,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1631
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Camden Fortney,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0363
Jillian Groh, individually and by and through her guardians and conservators, William and Janelle Groh,
Plaintiff-Appellant,
v.
Westin Operator, LLC,
Defendant-Appellee.
Petition for Rehearing DENIED
Furman, J., would GRANT
Court of Appeals No. 11CA1172
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rudolph A. Jackson,
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.