ANNOUNCEMENTS
COLORADO COURT OF APPEALS
February 25, 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. 07CA1345
Adams County District Court No. 97CR3079
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Monir Shontae Wood,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1626
City and County of Denver District Court Nos. 05CR379, 05CR380 & 06CR5077
Honorable Catherine A. Lemon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph D. Lujan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA1958
Arapahoe County District Court No. 00CR496
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clementus C. Williams,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED AND
CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE TERRY
Webb and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0306
Jefferson County District Court No. 06CR3877
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Bradley Eatchel,
Defendant-Appellant.
JUDGMENT 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. 08CA0318
Jefferson County District Court No. 04CR1655
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Edward Patrick O’Connell,
Defendant-Appellant.
ORDER 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. 08CA1466
City and County of Denver District Court No. 98CR3506
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Smith,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division B
Furman, Bernard, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1537
El Paso County District Court No. 02CR1342
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott McNally,
Defendant-Appellant.
APPEAL DISMISSED
Division IV
Opinion by JUDGE CONNELLY
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2069
Mesa County District Court No. 07DR832
Honorable Brian J. Flynn, Judge
Honorable Stephanie L. Rubinstein
In re the Marriage of
Jarrod E. Gavito,
Appellant,
and
Rebekah Gavito,
Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BOORAS
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2199
Logan County District Court No. 08CV19
Honorable Kevin L. Hoyer, Judge
William J. Hunsaker, Jr.,
Plaintiff-Appellee,
v.
Warden of the Sterling Correctional Facility,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GABRIEL
Casebolt, J., concurs
Booras, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2352
El Paso County District Court No. 04CV2642
Honorable Larry E. Schwartz, Judge
Stacy Luster and Walter Luster, individually, and as parents and Next Friends of Alyssa Luster, a Minor,
Plaintiffs-Appellants,
v.
Judith M. Brinkman, M.D., and Colorado Springs Health Partners, P.C.,
Defendants-Appellees.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Gabriel and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0150
Mesa County District Court No. 02CR1447
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Charles White,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE BERNARD
Furman, J., concurs
J. Jones, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0187
Adams County District Court No. 07CR3888
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dunston Sidner,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FURMAN
Taubman and Hawthorne, JJ., concur
Court of Appeals No. 09CA0235
Douglas County District Court No. 07CV996
Honorable Paul A. King, Judge
Cielo Holdings, LLC,
Plaintiff-Appellee,
v.
Young Cheal Kim, Larry A. Penix, James Lee, Ki Young Park, See Kee Yeoung, Hein Trieu, Yuen Tung Chong, and EBI International, Inc., d/b/a Kasai Japanese Steakhouse and Sushi, LLC,
Defendants-Appellants.
JUDGMENT AFFIRMED 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. 09CA0328
Mesa County District Court No. 08CR661
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Myers,
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. 09CA0452
Douglas County District Court No. 08CV243
Honorable Nancy A. Hopf, Judge
Gregory Paul Allen,
Petitioner-Appellee,
v.
Roxy Huber, Executive Director of the Colorado Department of Revenue, Motor Vehicle Division,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Terry and Connelly, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0523
Archuleta County District Court No. 05CV35
Honorable Gregory G. Lyman, Judge
The Estate of Dennis Scoggins, a minor child, by and through H. Wayne Wilson, Conservator,
Plaintiff-Appellant,
v.
Encompass Insurance Company and Glens Falls Insurance Company,
Defendants-Appellees.
ORDER AFFIRMED IN PART, REVERSED IN PART,
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)
Colorado State Board of Assessment Appeals Nos. 48951 & 48953
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0726
Arapahoe County District Court No. 02CV4381
Honorable Marilyn L. Antrim, Judge
Celeste C. Grynberg,
Plaintiff-Appellant,
v.
Burnsed Oil Company,
Defendant-Appellee.
ORDER 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. 09CA0779
Adams County District Court No. 06CV1293
Honorable C. Scott Crabtree, Judge
Gary Alexander and Maureen Alexander,
Plaintiffs-Appellants,
and
Paul Gordon, LLC and Paul Gordon,
Attorneys-Appellants,
v.
Patricia Jo Stone and Patricia Jo Stone, P.C.,
Defendants-Appellees.
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. 09CA0845
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-392-766
Holly Hand,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Petersen Contractors & Excavation, Inc.; AMS Staff Leasing; GI Global Insurance; Colorado Insurance Guaranty Association; and Western Guaranty Fund Services,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Carparelli and Loeb, 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. 09CA0915
David Joseph Hover,
Plaintiff-Appellant,
v.
Colorado Department of Corrections,
Defendant-Appellee.
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.