ANNOUNCEMENTS
COLORADO COURT OF APPEALS
October 1, 2009
“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.
Click on the case number to view published and modified published opinions.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA1853
Arapahoe County District Court No. 05CR667
Honorable Timothy L. Fasing, Judge
Honorable Angela R. Arkin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Dean Tillery,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Román, J., concurs
Bernard, J., specially concurs
Court of Appeals No. 06CA1857
City and County of Denver District Court No. 05CR400
Honorable Gaspar F. Perricone, Judge
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reynaldo Villa,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Plank* and Ney*, JJ., concur
Court of Appeals No. 06CA2524
City and County of Denver District Court No. 06CR10583
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas W. McBride,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE CONNELLY
Russel and Sternberg*, JJ., concur
Court of Appeals No. 06CA2580
Alamosa County District Court No. 04CR276
Honorable Pattie P. Swift, Judge
Honorable Frank Plaut, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin Tucker,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE RICHMAN
Carparelli and Márquez*, JJ., concur
Court of Appeals No. 07CA1895
El Paso County District Court No. 06CR4625
Honorable Kirk S. Samelson, Judge
Honorable David D. Parrish, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Matthew Christopher O’Neal,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Román and Terry, JJ., concur
Court of Appeals No. 08CA0157
Adams County District Court No. 06CR89
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Douglas Riley, a/k/a Anthony Douglas Pryor-Riley,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Gabriel and Connelly, JJ., concur
Court of Appeals No. 08CA1505
Arapahoe County District Court No. 07CV1373
Honorable Cheryl L. Post, Judge
Mike Mahaney,
Plaintiff-Appellant,
v.
City of Englewood, Colorado, a home rule city and a Colorado municipal corporation,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE HAWTHORNE
Graham and Richman, JJ., concur
Court of Appeals No. 09CA0020
Jefferson County District Court No. 08CV1890
Honorable Dennis Hall, Judge
Christian Gilbert,
Plaintiff-Appellant,
v.
Arthur Julian, Assistant Chief Hearing Officer; Andrew Stone, Hearing Officer; and Roxy Huber, Executive Director of the Colorado Department of Revenue, Division of Motor Vehicles,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Kapelke*, 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. 06CA0792
El Paso County District Court No. 01CR2852
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peter Karl Weinreich,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROY
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1403
Jefferson County District Court No. 05CR994
Honorable Leland P. Anderson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ismael Jaime Bonilla,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE RICHMAN
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0044
City and County of Denver District Court No. 05CR5751
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reynaldo Villa,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Plank* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0227
Fremont County District Court No. 05CR600
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Troy Allen Short,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE PLANK*
Casebolt and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0811
Jefferson County District Court No. 06CR947
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Harry William Kildare,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE ROMán
Webb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1407
Pueblo County District Court No. 06CR1589
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adam Montez,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Bernard and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1560
Huerfano County District Court No. 06CR127
Honorable Leslie J. Gerbracht, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eugene Benedict Aguirre,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1947
Adams County District Court No. 06CR2576
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cosme Junior Garcia,
Defendant-Appellant.
JUDGMENT AFFIRMED AND SENTENCE
AFFIRMED IN PART, AND REVERSED IN PART
Division IV
Opinion by JUDGE BERNARD
Webb and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2425
Yuma County District Court No. 06DR44
Honorable John C. Penny, Judge
In re the Marriage of
Darla K. Richards,
Appellee,
and
Glenn D. Richards,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0393
Phillips County District Court No. 04CR7
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandy Wine Atkins,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Russel, Román, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0394
Logan County District Court No. 06CR239
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandy Wine Atkins,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Russel, Román, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1173
City and County of Denver District Court No. 07CR10354
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David E. Woolery,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE MILLER
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1352
Jefferson County District Court No. 06CR2916
Honorable Randall C. Arp, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Patrick Hurst,
Defendant-Appellant.
SENTENCE AFFIRMED
Division IV
Opinion by JUDGE WEBB
Román, J., concurs
Bernard, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1509
City and County of Denver District Court No. 06CV10625
Honorable Michael A. Martinez, Judge
Jaguar Associated Group, L.L.C.,
Plaintiff-Appellee,
v.
Janice E. Black,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE BOORAS
Taubman and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1810
Jefferson County District Court No. 02CR425
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Peter Glenn Maestas,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Román, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2114
Montezuma County District Court No. 07DR115
Honorable Douglas S. Walker, Judge
In re the Marriage of
Jeremiah M. Siscoe,
Appellee,
and
Christina L. Siscoe,
Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2391
Weld County District Court No. 07CR1328
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Chad Smithey,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Román, Furman, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0053
Routt County District Court No. 08CV168
Honorable Shelley A. Hill, Judge
Founding Members of Catamount Ranch & Club, an unincorporated nonprofit association; Patrick Beirne; Marian Beirne; Mike Burks; Suzanne Turner; Richard Dillon; Phyllis Dillon; Lawrence Harrison; Ruth Harrison; James Larson; Susan Larson; Earl Liff; Elaine Liff; Charles Martyn; Penny Martyn; Victor Morgenstern; Gary Nelson; Holly Nelson; John Smith; Gail Ward; Steve Barwick; Pam Barwick; Alex Brewer; Dorance Brewer; David Dacus; Debbie Dacus; Hank Edwards; Cathy Edwards; Patrick Foley; Sarah Foley; Alfred Kahn, III; Susan Kahn; John Kelley; Chris Kelley; Brooks Kellogg; Gail Kellogg; Carl Marbach; Helen Marbach; Richard Mathews; Fran Mathews; James Nichols; Betty Nichols; Harvey Pensack; Joan Pensack; John Serhant; Ellen Serhant; Gil Kuykendall; Jean Kuykendall; Anne C. Clark; Robert King; Emily King; and Scott Guenther,
Plaintiffs-Appellants,
v.
Catamount Development, Inc., a Colorado corporation; and SV Timbers Steamboat, LLC, a Delaware limited liability company,
Defendants-Appellees.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0420
Lincoln County District Court No. 08CV53
Honorable Stanley A. Brinkley, Judge
Joshua D. Moore,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0530
Larimer County District Court No. 04JV291
Honorable Gregory M. Lammons, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.B., a Child,
and Concerning S.S.,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROMÁN
Dailey and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0819
Industrial Claim Appeals Office of the State of Colorado
DD No. 16320-2008
Esteban Ceballos Rios,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and University of Colorado, Boulder Campus,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Loeb and Furman, 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. 08CA0791
In re the Marriage of
Margaret Van De Mark,
Appellee and Cross-Appellant,
and
Gregg Eric Van De Mark,
Appellant and Cross-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1003
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry White,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1577
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Morris,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1905
Russell M. Boles,
Plaintiff-Appellant,
v.
Rebecka Oaks and the Colorado Parole Board,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0104
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Douglas Rea, II,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0165
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Bernard Farrell,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0860
James M. Horvat,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training, Customer Service/Benefits,
Respondents.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
M O D I F I E D O P I N I O N S
Court of Appeals No. 08CA0960
Colorado Division of Insurance No. 140043
Colorado Division of Insurance,
Petitioner-Appellee
and
Office of Administrative Courts,
Appellee,
v.
Auto-Owner’s Insurance Company,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE BERNARD
Graham and Booras, JJ., concur
Opinion Modified
On the Court's Own Motion
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2009.