ANNOUNCEMENTS

COLORADO COURT OF APPEALS

December 10, 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. 08CA1925

El Paso County District Court No. 07CR5767

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arthur Lewis Ford,

Defendant-Appellant.

APPEAL DISMISSED

Division IV

Opinion by JUDGE BERNARD

Webb and Román, JJ., concur

Court of Appeals No. 08CA2413

Industrial Claim Appeals Office of the State of Colorado

DD No. 13656-2008

Dana K. Starr,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Community Hospital Association,

Respondents.

ORDER SET ASIDE AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE ROTHENBERG*

Hawthorne and Terry, JJ., concur

Court of Appeals No. 08CA2586

Mesa County District Court No. 08CR503

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kalin Andrew Daniels,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE GABRIEL

Connelly, J., concurs

Graham, J., specially concurs

Court of Appeals No. 08CA2633

Adams County District Court Nos. 08CV289 & 08CV304

Honorable C. Scott Crabtree, Judge

Sinclair Marketing Inc., a Wyoming corporation; Sinclair Oil Corporation, a Wyoming corporation; Sinclair Transportation Company, a Wyoming corporation; Burch Family Partnership, LLP, a Colorado limited liability partnership; Murray Family Farms, LLP, a Colorado limited liability partnership; Blue Dog Leasing, LLC, a Colorado limited liability company; Thomas H. Wielde; Log Jammer, LLC, a Colorado limited liability company; Hunt Brothers Properties, Inc., a Colorado limited liability company; K-W Enterprises, a Colorado general partnership; 9985E104, LLC, a Colorado limited liability company; Continental World Leasing Real Estate, LLC, a Colorado limited liability company; T1 Ellis Enterprises, LLC, a Colorado limited liability company; Marilinn Sonneman; Arthur Crocfer; Mary Jane Crocfer; Bruce J. Crocfer; Eugene A. Kapaun; and Mary Kapaun,

Plaintiffs-Appellants and Cross-Appellees,

v.

The City of Commerce City, Colorado, a home-rule Colorado municipal corporation; and The City Council for the City of Commerce City, Colorado,

Defendants-Appellees and Cross-Appellants.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB

Román and Bernard, 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. 05CA2648

City and County of Denver District Court No. 04CR3521

Honorable Sheila A. Rappaport, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone Walker,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CARPARELLI

Casebolt and Richman, JJ., concur

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

Court of Appeals No. 06CA1036

City and County of Denver District Court No. 05CR3229

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dejuan L. VanDyke,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Román and Bernard, JJ., concur

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

Court of Appeals No. 07CA1344

Douglas County District Court No. 05CR217

Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee and Cross-Appellant,

v.

Judy Kay Hillen,

Defendant-Appellant and Cross-Appellee.

JUDGMENT AFFIRMED AND RULING DISAPPROVED

Division II

Opinion by JUDGE CASEBOLT

Carparelli and Richman, JJ., concur

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

Court of Appeals No. 07CA2323

El Paso County District Court No. 05CR2712

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Francis Bodensieck,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RUSSEL

Terry and J. Jones, JJ., concur

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

Court of Appeals No. 07CA2434

Fremont County District Court No. 00CR412

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marcellous Ander Roebuck,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE FURMAN

Roy and Sternberg*, JJ., concur

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

Court of Appeals No. 08CA0013

City and County of Denver District Court No. 06CR10537

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Maurice Lynn Wilson,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE BERNARD

Webb and Román, JJ., concur

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

Court of Appeals No. 08CA0330

Larimer County District Court No. 05CR384

Honorable James H. Hiatt, Judge

Honorable Jolene C. Blair, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Arlus Daniel, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE RICHMAN

Casebolt and Carparelli, JJ., concur

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

Court of Appeals No. 08CA0906

Morgan County District Court No. 07CR49

Honorable J. Curtis Penny, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Federico Lopez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Carparelli and Richman, JJ., concur

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

Court of Appeals No. 08CA1088

El Paso County District Court No. 07CR2300

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawne A. Toney,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CARPARELLI

Casebolt and Richman, JJ., concur

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

Court of Appeals No. 08CA1349

Adams County District Court No. 07CR1618

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Yvonne Marie Gothard,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE STERNBERG*

Roy and Furman, JJ., concur

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

Court of Appeals No. 08CA1371

City and County of Denver District Court No. 06CV12326

Honorable Michael A. Martinez, Judge

Beverly Mann,

Plaintiff-Appellant,

v.

The State of Colorado; David R. Gloss, individually and as an agent of Jefferson County and as an agent of the State of Colorado; Stephenie D. Lorimer; Mary Munger, individually and in her capacity as a City of Lakewood, Colorado Police Officer; Janet Young, individually and in her capacity as a City of Lakewood, Colorado Assistant City Attorney; the City of Lakewood, Colorado; Carla Martin, individually and in her former capacity as general manager of Golden Pond Senior Living, LLC; Golden Pond Senior Living, LLC; William Kilpatrick, individually and in his capacity as City of Golden, Colorado Police Chief; Matt Jurischk, individually and in his capacity as a City of Golden, Colorado Police Officer; the City of Golden, Colorado; Enrico Galimberti, individually and in his capacity as a Deputy Jefferson County Sheriff; Donald Tait, in his capacity as a Supervising Deputy Jefferson County Sheriff; Ted Mink, in his capacity as Jefferson County Sheriff; Jefferson County, Colorado; Gayle King; and Troy L. King,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE GRAHAM

Gabriel and Connelly, JJ., concur

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

Court of Appeals No. 08CA1520

Weld County District Court No. 07CR1616

Honorable Gilbert A. Gutierrez, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Troy Shane Osborne,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Márquez* and Nieto*, JJ., concur

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

Court of Appeals No. 08CA1829

Mesa County District Court No. 07CR1572

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David B. Hoeck,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division III

Opinion by: JUDGE FURMAN

Roy and Sternberg*, JJ., concur

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

Court of Appeals No. 08CA2208

Lincoln County District Court No. 03CR29

Honorable P. Douglas Tallman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Middleton,

Defendant-Appellant.

ORDER AFFIRMED

Division B 

Roy, Webb, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No.: 08CA2301

Conejos County District Court No. 06CV14

Honorable Pattie P. Swift, Judge

Frederick J. Quintana, Donna Faye Bothoff, individually and as next friend of her minor daughter, Jenna Quintana,

Plaintiffs-Appellants,

v.

Lucy M. Quintana,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I

Opinion by: JUDGE BOORAS

Taubman and Dailey, JJ., concur

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

Court of Appeals No. 08CA2362

Arapahoe County District Court No. 07CV1421

Honorable Cheryl L. Post, Judge

Dianne L. Demers,

Plaintiff-Appellee,

v.

Marilynn Zupancic,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE J. JONES

Russel and Terry, JJ., concur

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

Court of Appeals No. 08CA2551

Mesa County District Court No. 01CR1007

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel G. Watson,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 08CA2607

Bent County District Court No. 08CV24

Honorable M. Jon Kolomitz, Judge

Paul Robert Allen,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections and Warden of the Bent County Correctional Facility,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Dailey and Booras, JJ., concur

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

Court of Appeals No. 08CA2679

Boulder County District Court No. 07DR1146

Honorable James C. Klein, Judge

In re the Marriage of

Debra Lynne Shumar,

Appellee,

and

Darrell Gordon Shumar,

Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE ROMÁN

Webb and Bernard, JJ., concur

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

Court of Appeals No. 09CA0169

City and County of Denver Juvenile Court No. 08JD572

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

v.

B.L.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE NIETO*

Davidson, C.J., and Sternberg*, J., concur

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

Court of Appeals No. 09CA0368

Arapahoe County District Court No. 08CV1936

Honorable Elizabeth A. Weishaupl, Judge

Edward F. Calus,

Plaintiff-Appellant,

v.

Cheryl Stanley,

Defendant-Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE BERNARD

 Webb and Román, JJ., concur

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

Court of Appeals No. 09CA0531

Conejos County District Court No. 98PR11

Honorable Pattie P. Swift, Judge

In the Matter of the Estate of Otilda Garcia, Deceased.

Reginaldo Garcia,

Appellant,

v.

Carlos Garcia,

Appellee.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Hawthorne and Marquez*, JJ., concur

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

Court of Appeals No. 09CA0550

City and County of Denver District Court Nos. 06CR404, 06CR405, 06CR406 & 06CR1271

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Paul Robert Graham,

Defendant-Appellant.

ORDERS AFFIRMED

Division A

Opinion by JUDGE STERNBERG*

Davidson, C.J., and Nieto*, J., concur

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

Court of Appeals No. 09CA0579

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-747-660

Haven Joe,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Harrison Western Construction Corporation, and National Union Fire Insurance Company,

Respondents.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Nieto*, JJ., concur

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

Court of Appeals No. 09CA1370

El Paso County District Court No. 05CR2847

Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Stephanie Felts,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Roy, Webb, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 09CA1761

Larimer County District Court No. 07JV515

Honorable Gregory M. Lammons, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.N., a Child,

and Concerning D.S.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE MÁRQUEZ*

Hawthorne and Lichtenstein, 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. 06CA1421

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrus Michael Sarnella,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 06CA1427

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrus Michael Sarnella,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 07CA0594

Tomas Gonzales,

Plaintiff-Appellant,

and

Chris L. Ingold,

Attorney-Appellant,

v.

Safety National Casualty Corporation; Occupational Healthcare Management Services, Inc., a/k/a OHMS; Cannon Cochran Management Services, Inc., a/k/a CCMSI; Shirin Chowdhury, and Vicky Roden,

Defendants-Appellees.

Opinion Modified and

Petitions for Rehearing DENIED

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

Court of Appeals No. 07CA2250

The People of the State of Colorado,

Plaintiff-Appellee

v.

Gary Hernandez,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2169

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ramon Tena,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2373

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott Dackery Horton,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2663

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyrone L. Walker,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0141

In re the Estate of Patricia Susan Hitchcock, deceased.

Dennis Alexander,

Petitioner-Appellant,

and

Mindy L. Hitchcock,

Respondent-Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0429

Shonna N. Takacs,

Claimant,

v.

Industrial Claim Appeals Office of the State of Colorado, Petsmart, Inc., and Travelers Indemnity Company,

Respondents.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0521

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Sater,

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. 2009.