ANNOUNCEMENTS
COLORADO COURT OF APPEALS
February 11, 2010
“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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 07CA1876
Jefferson County District Court No. 06CR3409
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gilberto Cruz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2371
City and County of Denver District Court No. 07CR10046
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Rodriguez,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2514
City and County of Denver District Court No. 06CR6722
Honorable John W. Madden, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charlie Sneed,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE J. JONES
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0436
Pueblo County District Court No. 02CR1070
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clinton M. Bryant,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 08CA0438 & 08CA1035
Adams County District Court No. 06CV1293
Honorable C. Scott Crabtree, Judge
Gary Alexander and Maureen Alexander,
Plaintiffs-Appellants,
v.
Patricia Jo Stone and Patricia Jo Stone, P.C.,
Defendants-Appellees.
Judgment and order affirmed
Division II
Opinion by JUDGE ROY
Casebolt and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0632
City and County of Denver District Court No. 07CR3078
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Fedd,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0939
Lake County District Court No. 07CV42
Honorable David R. Lass, Judge
Petitioners for the Organization of Beaver Lakes Estates Metropolitan District,
Petitioners-Appellants,
v.
Anne Moyer, individually and as trustee of the Maxine Reddy Trust,
Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0983
San Miguel County District Court No. 04CV74
Honorable Jack W. Berryhill, Judge
Co-West Telluride, LLC,
Plaintiff-Appellant and Cross-Appellee,
v.
Kevin Kell and Cheryl R. Kell,
Defendants-Appellees,
and
Stuart Brown,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0999
Routt County District Court No. 06CR243
Honorable Michael A. O’Hara, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis W. McCullough,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1180
Adams County District Court No. 06CR3491
Honorable Edward C. Moss, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marshall Walker,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND SENTENCE AFFIRMED
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1494
Bent County District Court No. 05CR84
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reggie Keyes,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1596
Grand County District Court No. 06DR90
Honorable Mary C. Hoak, Judge
In re the Marriage of
Linda Cumming,
Appellee,
and
Paul D. Phillips,
Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
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. 08CA2001
Mesa County District Court No. 07CR670
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rogelio Espinoza,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE FURMAN
Roy and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2309
City and County of Denver District Court No. 96CR2563
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David K. Jenner,
Defendant-Appellant.
ORDERS AFFIRMED
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2589
City and County of Denver District Court No. 02CV1066
Honorable Christina M. Habas, Judge
Chad Martinez and Larry King,
Plaintiffs-Appellants,
v.
Colorado Department of Human Services and Otero County Department of Social Services,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE MILLER
Román and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0071
City and County of Denver District Court No. 00CR630
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Atorrus Rainer,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Bernard, J. Jones, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0078
Fremont County District Court No. 08CV190
Honorable David M. Thorson, Judge
Dale Cahill Betterton,
Plaintiff-Appellee,
v.
Carie Rutherford, Kristi L. Kleven, Maryann Hicks, Leslie McGrew, and Larry Desbien,
Defendants-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0340
Logan County District Court No. 08CV149
Honorable Douglas R. Vannoy, Judge
Raul Remuy Calderon,
Plaintiff-Appellant,
v.
The Warden of the Sterling Correctional Facility and the Executive Director of the Colorado Department of Corrections,
Defendants-Appellees.
JUDGMENT REVERSED AND
CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0363
Jefferson County District Court Nos. 08CR649 & 08CR899
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Don V. Garcia,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0445
Industrial Claim Appeals Office of the State of Colorado
WC No. 4309217
Gill L. Ford,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Regional Transportation District,
Respondents.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0479
Jefferson County District Court No. 04CR2710
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Gomez,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
J. Jones and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0762
Jefferson County District Court No. 07CV2896
Honorable Philip J. McNulty
Erik Decherd,
Plaintiff-Appellant,
v.
Steven Larios,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0882
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-541-853
Alice Watson, f/k/a Alice Watson-Cox,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Colorado Casino Resorts, Inc., d/b/a Double Eagle; and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1235
Adams County District Court No. 89CR1
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James R. Hulsing,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND ORDER AFFIRMED
Division B
Hawthorne, J. Jones, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1819
Industrial Claim Appeals Office of the State of Colorado
DD No. 14690-2009
Kiku Corporation,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Tiffany J. Plumlee,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE PLANK*
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. 09CA1328
Claudia D. Serocki,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Alterra Healthcare Corporation,
Respondents.
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.