ANNOUNCEMENTS

COLORADO COURT OF APPEALS

DECEMBER 16, 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.

U N P U B L I S H E D   O P I N I O N S

Court of Appeals No. 06CA1179

Arapahoe County District Court Nos. 02CR781 & 03CR818

Honorable William B. Sylvester, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jefferson W. Owings,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE LOEB

Richman and Kapelke*, JJ., concur

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

Court of Appeals No. 08CA0704

Boulder County District Court No. 06CR2029

Honorable D.D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jacob Benjamin Woodyard,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division III

Opinion by JUDGE DAILEY

J. Jones and Criswell*, JJ., concur

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

Court of Appeals No. 08CA0829

City and County of Denver District Court No. 07CR10201

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Phillip James Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE KAPELKE*

Loeb and Richman, JJ., concur

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

Court of Appeals No. 08CA1562

Adams County District Court No. 95CR281

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Paul Stevens,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE WEBB

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

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

Court of Appeals No. 08CA1768

Pueblo County District Court No. 05CR1252

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Christopher Carlos Torres,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Loeb and Kapelke*, JJ., concur

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

Court of Appeals No. 08CA1811

Jefferson County District Court No. 94CR419

Honorable Jane A. Tidball, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Michael Sisson,

Defendant-Appellant.

Order Affirmed

Division II

Opinion by JUDGE ROY

Hawthorne and Gabriel, JJ., concur

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

Court of Appeals No. 08CA2486

Jefferson County District Court No. 07CR1844

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kirk Len Boyd,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE TERRY

Graham and Román, JJ., concur

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

Court of Appeals No. 08CA2575

Jefferson County District Court No. 02CR56

Honorable Dennis J. Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jackie Lee Flowers,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Casebolt and Bernard, JJ., concur

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

Court of Appeals No. 09CA0135

Adams County District Court No. 07CR3001

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Paul Padilla,

Defendant-Appellant.

Judgment Affirmed

Division II

Opinion by JUDGE ROY

Hawthorne and Gabriel, JJ., concur

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

Court of Appeals No. 09CA0166

Jefferson County District Court No. 07CR2191

Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Gene Cook,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE CARPARELLI

 Furman and Connelly, JJ., concur

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

Court of Appeals No. 09CA0545

Jefferson County District Court Nos. 08CR2368 & 08CR3131

Honorable Margie L. Enquist, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Tyler Lucas Howell,

Defendant-Appellant.

SENTENCE VACATED AND CASE

REMANDED WITH DIRECTIONS

Division B

Taubman, Dailey, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 09CA0801

Weld County District Court No. 97CR958

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Leroy Trupp,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Taubman, Graham, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 09CA1049

Adams County District Court No. 01CR2810

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Guadalupe Riojas,

Defendant-Appellant.

ORDER Affirmed IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROMán

Graham and Terry, JJ., concur

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

Court of Appeals No. 09CA1432

Industrial Claim Appeals Office of the State of Colorado

W.C. 4711855

Stephen Nilsen (Deceased) and Linda Teter (Spouse),

Petitioner-Appellant,

v.

Industrial Claim Appeals Office of the State of Colorado, Legacy Trucking, Inc.,

And Pinnacol Assurance,

Respondents-Appellees.

ORDER AFFIRMED

Division I

Opinion by JUDGE CASEBOLT

Taubman and Bernard, J.J., concur

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

Court of Appeals No. 09CA1459

Alamosa County District Court No. 08CR184

Honorable Pattie P. Swift, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ruth Ann Deherrera,

Defendant-Appellant.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Webb and Ney*, JJ., concur

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

Court of Appeals No. 09CA1562

El Paso County District Court No. 02CR2009

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rudolph Martin Chavez,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Taubman, Dailey, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 09CA1831

City and County of Denver District Court No. 08CV229

Honorable Herbert L. Stern, III, Judge

Comcast Corporation,

Plaintiff-Appellant,

v.

National Union Fire Insurance Company of Pittsburgh, PA and Federal Insurance Company,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GABRIEL

Roy and Hawthorne, JJ., concur

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

Court of Appeals No. 09CA1898

Boulder County District Court No. 05DR449

Honorable Roxanne Bailin, Judge

In re the Marriage of

Shu-Ling Chen Berggreen,

Appellee,

and

Anders Berggreen,

Appellant.

ORDERS AFFIRMED

Division III

Opinion by JUDGE DAILEY

J. Jones and Criswell*, JJ., concur

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

Court of Appeals No. 09CA2042

Boulder County District Court No. 01CR1207

Honorable Lael E. Montgomery, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jordan Bukater,

Defendant-Appellant.

Order reversed and case

remanded with directions

Division II

Opinion by JUDGE ROY

Hawthorne and Gabriel, JJ., concur

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

Court of Appeals No. 09CA2053

Mesa County District Court No. 05CV528

Honorable David A. Bottger, Judge

Erik Lloyd, Shirley Nichols, and R. Bruce Smith,

Plaintiffs-Appellants and Cross-Appellees,

v.

Town of Collbran, Colorado,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE BOORAS

Webb and Miller, JJ., concur

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

Court of Appeals No. 09CA2076

Adams County District Court No. 08CR2869

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marco Balboa-Lopez,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Taubman, Dailey, and Connelly, JJ.

PER CURIAM

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

Court of Appeals No. 09CA2083

Weld County District Court No. 09CR660

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gregory Beck,

Defendant-Appellant.

SENTENCE AFFIRMED

Division A

Opinion by JUDGE NEY*

Davidson, C.J., and Webb, J., concur

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

Court of Appeals No. 09CA2368

Arapahoe County District Court No. 08DR1113

Honorable Justin M. Hannen, Judge

In re the Marriage of

Luann Erickson,

Appellee,

and

Randall L. Erickson,

Appellant.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROMÁN

Graham and Terry, JJ., concur

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

Court of Appeals No. 09CA2478

Arapahoe County District Court No. 96DR3017

Honorable J. Mark Hannen, Judge 

In re the Marriage of

Katherine A. Hoover,

Appellant,

and

Clark G. Hoover,

Appellee.

ORDER AFFIRMED

Division II

Opinion by JUDGE HAWTHORNE

Roy and Gabriel, JJ., concur

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

Court of Appeals No. 09CA2608

Weld County District Court No. 08CR841

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Anthony Eugene Gibson,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE TERRY

Graham and Román, JJ., concur

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

Court of Appeals No. 10CA0277

Douglas County District Court No. 09CV1197

Honorable Donald W. Marshall, Judge

William M. LaPlant,

Plaintiff-Appellant,

v.

State Farm Mutual Automobile Insurance Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Casebolt and Bernard, JJ., concur

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

Court of Appeals No. 10CA0279

Jefferson County District Court No. 09CV3918

Honorable Dennis J. Hall, Judge

Terrace at Green Mountain Homeowners Association, Inc., a Colorado non-profit corporation,

Petitioner-Appellee,

v.

Villa Montana, LLC, a Colorado limited liability company, and David A. Svenson, an individual,

Respondents-Appellants.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by CHIEF JUDGE DAVIDSON

Webb and Ney*, JJ., concur

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

Court of Appeals No. 10CA0549

Industrial Claim Appeals of the State of Colorado

DD No. 37578-2009

Donna L. Shipley,

Petitioner,

v.

Industrial Claim Appeals of the State of Colorado and Harrison School District Two,

Respondents.

Order set aside and case

remanded with directions

Division II

Opinion by JUDGE ROY

Hawthorne and Gabriel, JJ., concur

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

Court of Appeals No. 10CA1129

Arapahoe County District Court No. 09JV188

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.B., a Child,

and Concerning M.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE WEBB

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

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

Court of Appeals No. 10CA1311 

Industrial Claim Appeals Office of the State of Colorado

DD No. 14184-2010

Charolette D. Crary,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and RS&I, Inc.,

Respondents.

ORDER AFFIRMED

Division V

Webb, Graham, and J. Jones, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1769

Garfield County District Court No. 09JV1

Honorable James B. Boyd, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.O., R.O., and A.O., Children,

and Concerning R.O. and J.O.,

Respondent-Appellants.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Loeb and Kapelke*, 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. 07CA1986

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Saul Newland,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA0244

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vincent Roy Margera,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA2123

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jereme Lamberth,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0505

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Gerald Armijo,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2711

Jeffrey McGee,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Pasterkamp Heating and Air Conditioning, and Mid-Century Insurance Company,

Respondents.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0256

Rick Martin and Rick Martin, as Trustee for Rick Martin Living Trust,

Plaintiffs-Appellants,

v.

U.S. Bank National Association,

Defendant-Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0438

Rent Club, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and David S. Fine,

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. 09CA2471

Douglas County District Court Nos. 05DR1323 & 09DR2437

Honorable Angela R. Arkin, Judge

In re the Marriage of

Elke Hanssen,

Appellant,

and

Michael Volker,

Appellee.

ORDER AFFIRMED

Division II

Opinion by JUDGE ROY

Hawthorne and Gabriel, JJ., concur

Opinion Modified on the Court’s Own Motion.

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. 2010.