ANNOUNCEMENTS

COLORADO COURT OF APPEALS

JANUARY 20, 2011

“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.

P U B L I S H E D   O P I N I O N S

Court of Appeals No. 07CA1877

Pueblo County District Court No. 04CR1425

Honorable David W. Crockenberg, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Andrew Gabriel Fuentes,

Defendant-Appellant.

JUDGMENTS AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE CASEBOLT

Taubman and Bernard, JJ., concur

Court of Appeals No. 08CA2487

Adams County District Court No. 07CR1518

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lee Roldan,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUSTICE ROVIRA*

Casebolt, J., concurs

 Bernard, J., specially concurs

Court of Appeals No. 09CA1092

El Paso County District Court No. 08CR706

Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Buddy Allen Cardenas,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE BERNARD

Taubman and Casebolt, JJ., concur

Court of Appeals No. 09CA2447

Larimer County District Court No. 08DR510

Honorable Stephen J. Schapanski, Judge

In re the Parental Responsibilities of M. B.-M., a Child,

and Rebecca Johanna McBlair,

Appellee,

and Concerning Marie Yvette Berndt,

Appellant.

ORDERS REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE TERRY

Graham and Román, 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. 07CA0689

Jefferson County District Court No. 05CR4230

Honorable R. Brooke Jackson, Judge

Honorable Peter A. Weir, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mario Rios,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE HAWTHORNE

Román and Richman, JJ., concur

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

Court of Appeals No. 07CA0898

Adams County District Court No. 05CR3223

Honorable Edward C. Moss, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Steve Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Terry, J., concurs

Furman, J., dissents

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

Court of Appeals No. 07CA2439

Boulder County District Court No. 06CR385

Honorable Lael E. Montgomery, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rene Zavala-Baca,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Ney and Márquez, JJ., concur

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

Court of Appeals No. 07CA2559

Mesa County District Court No. 07CR205

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ramone Manzano,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Hawthorne and Román, JJ., concur

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

Court of Appeals No. 08CA1835

City and County of Denver District Court No. 07CR7213

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrence Shawn Redwine,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE TERRY

Bernard and Booras, JJ., concur

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

Court of Appeals No. 08CA2016

Pueblo County District Court No. 07CR1521

Honorable C. Dennis Maes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Vernon Dominic Duran,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE J. JONES

Webb and Graham, JJ., concur

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

Court of Appeals No. 08CA2702

Pueblo County District Court No. 07CR1549

Honorable Victor I. Reyes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rocky Lee Martinez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE PLANK*

Taubman and Gabriel, JJ., concur

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

Court of Appeals No. 09CA0168

Mesa County District Court No. 02CR454

Honorable Valerie J. Robison, Judge

Honorable David A. Bottger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alice Diehl-Caine,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Gabriel and Plank*, JJ., concur

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

Court of Appeals No. 09CA0364

City and County of Denver District Court No. 08CR2606

Honorable William W. Hood, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hobert G. Stephens,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE WEBB

Graham and J. Jones, JJ., concur

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

Court of Appeals No. 09CA1025

Adams County District Court No. 06CV1482

Honorable John T. Bryan, Judge

Leonard J. Sack, as Personal Representative of the Estate of Patricia Ann Sack, deceased; and Leonard J. Sack, individually,

Plaintiffs-Appellants and Cross-Appellees,

v.

Oralee Ekberg, D.O.,

Defendant-Appellee and Cross-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE WEBB

Graham and J. Jones, JJ., concur

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

Court of Appeals No. 09CA1644

Douglas County District Court No. 07CV2399

Honorable Vincent R. White, Judge

Parker Entertainment Center, LLC, a Colorado limited liability company,

Plaintiff-Appellee,

v.

Park-80, LLC, a Minnesota limited liability company,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE J. JONES

Webb and Graham, JJ., concur

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

Court of Appeals No. 09CA1685

City and County of Denver District Court No. 07CR7190

Honorable Christina M. Habas, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lesley Joe Taylor,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Gabriel and Plank*, JJ., concur

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

Court of Appeals No. 09CA1954

City and County of Denver District Court No. 08CV1002

Honorable Herbert L. Stern, III, Judge

Charlotte Zolman,

Plaintiff-Appellant,

v.

Pinnacol Assurance,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division II

Opinion by JUDGE LOEB

Casebolt and Márquez*, JJ., concur

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

Court of Appeals No. 09CA2254

Elbert County District Court No. 06CV243

Honorable Jeffrey K. Holmes, Judge

John Person and Janie Person,

Plaintiffs-Appellants,

v.

Dan Weller, a/k/a Daniel L. Weller, d/b/a Dan Weller Insurance Agency,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE FURMAN

Roy and Lichtenstein, JJ., concur

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

Court of Appeals No. 10CA0164

Industrial Claim Appeals Office of the State of Colorado

WC No. 4751083

Vicki Carr,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; Pasco/SW, Inc.; and Pinnacol Assurance,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE LICHTENSTEIN

Dailey and J. Jones, JJ., concur

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

Court of Appeals No. 10CA0179

Jefferson County District Court No. 09CR485

Honorable Philip J. McNulty, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Castardi,

Defendant-Appellant.

SENTENCE AFFIRMED

Division B

Casebolt, Webb, and Román

PER CURIAM

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

Court of Appeals No. 10CA0186

Adams County District Court No. 08CV2258

Honorable Katherine R. Delgado, Judge

Rick Marye and Donna Marye,

Plaintiffs-Appellants,

v.

State Farm Fire and Casualty Company,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE RICHMAN

Hawthorne and Román, JJ., concur

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

Court of Appeals No. 10CA0401

El Paso County District Court No. 09JD137

Honorable David L. Shakes, Judge

Honorable Jeffrey O. Saufley, Magistrate

The People of the State of Colorado,

Plaintiff-Appellee,

In the Interest of T.F.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE PLANK*

Taubman and Gabriel, JJ., concur

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

Court of Appeals No. 10CA0516

City and County of Denver District Court No. 07CV11838

Honorable John W. Madden, IV, Judge

William A. O’Neil,

Plaintiff-Appellant,

v.

Wolpoff & Abramson, L.L.P.,

Defendant-Appellee.

JUDGMENT AND ORDERS AFFIRMED

Division V

Opinion by JUDGE GRAHAM

Webb and J. Jones, JJ., concur

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

Court of Appeals No. 10CA0524

El Paso County District Court No. 09CV5519

Honorable Kirk S. Samelson, Judge

Alpan, LLC, a New Mexico limited liability company, and OFS/Colorado Investment, LLC, a Colorado limited liability company,

Plaintiffs-Appellants,

v.

First Bank and Trust Company, d/b/a Mountain View Bank,

Defendant-Appellee.

JUDGMENT REVERSED

Division I

Opinion by JUDGE GABRIEL

Taubman and Plank*, JJ., concur

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

Court of Appeals No. 10CA1178

Industrial Claim Appeals Office of the State of Colorado

DD No. 1607-2010

Brighton Community Hospital Association,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Janine M. Seery,

Respondents.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Márquez*, JJ., concur

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

Court of Appeals No. 10CA1404

Industrial Claim Appeals Office of the State of Colorado

DD No. 28038-2009

Jules Marie,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Emerald Forest Sugar, Inc.,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE NEY*

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

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

Court of Appeals No. 10CA1615

Industrial Claim Appeals Office of the State of Colorado

DD No. 15597-2010

Robert G. Sexton,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training Benefit Payment Control,

Respondents.

ORDER AFFIRMED

Division B

Hawthorne, Román, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1663

Alamosa County District Court No. 07JV109

Honorable O. John Kuenhold, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning G.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE STERNBERG*

Taubman and Gabriel, JJ., concur

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

Court of Appeals No. 10CA1748

Industrial Claim Appeals Office of the State of Colorado

DD No. 17266-2010

Pamela J. Jondle,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training Reimbursement Unit,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1762

Mesa County District Court No. 10JV206

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.S., a Child,

and Concerning L.T.,

Respondent-Appellant.

ORDERS AFFIRMED

Division A

Opinion by JUDGE MÁRQUEZ*

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

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

Court of Appeals No. 10CA1791

Industrial Claim Appeals Office of the State of Colorado

DD No. 21315-2010

Joshua D. Thomas,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and DirecTV Customer Service, Inc.,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1991

Industrial Claim Appeals Office of the State of Colorado

DD No. 21953-2010

Jan A. Jelosek,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Colorado Springs Memorial Hospital,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2028

Industrial Claim Appeals Office of the State of Colorado

DD No. 19674-2010

Michael F. D’Amico,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Lyles Carolina Heritage Corporation,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2117

Pueblo County District Court No. 10MH231

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Miguel Augustine Sandoval,

Respondent-Appellant.

ORDER AFFIRMED

Division VII

Opinion by JUDGE TERRY

Bernard and Booras, JJ., concur

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

Court of Appeals No. 10CA2200

Industrial Claim Appeals Office of the State of Colorado

DD No. 21818-2010

Lizette M. Johnston,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Convergys Government Solutions,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Lichtenstein, JJ.

PER CURIAM

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. 09CA1889

Oloyea D. Wallin,

Plaintiff-Appellant,

v.

Rodney Achen; Mascarenas; Bell; T. Stenzel; R. Bastidos; Dave Allen; James Abbott, Warden of Colorado Territorial Correctional Facility; Aristedes Zavaras, Executive Director of Colorado Department of Corrections; Arnold; and Rupar,

Defendants-Appellees.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA1694

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Smith,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA0233

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quinn A. McDonald,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2053

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

Plaintiffs-Appellants and Cross-Appellees,

v.

Town of Collbran, Colorado,

Defendant-Appellee and Cross-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2613

North Denver Industrial I, LLC,

Plaintiff-Appellee,

v.

Robby A. Eskanos, an individual, and American Freedom Woods, Inc., a Colorado corporation,

Defendants-Appellants.

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. 2010.