ANNOUNCEMENTS
COLORADO COURT OF APPEALS
FEBRUARY 10, 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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA0952
City and County of Denver District Court No. 05CR3954
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Guy Kemp,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2251
Phillips County District Court No. 04CR16
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nancy Whittaker,
Defendant-Appellant.
JUDGMENT AND ORDER REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2490
City and County of Denver District Court No. 99CR678
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hubert W. Underwood,
Defendant-Appellant.
ORDER Affirmed
Division VI
Opinion by JUDGE ROMán
Hawthorne and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA0539
City and County of Denver District Court No. 06CR10257
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Adrian Barraza-Rojas,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 08CA0153
Jefferson County District Court No. 07CR70
Honorable Margie Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Albert Templeton,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA0458
Adams County District Court No. 06CR3516
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Freddy Gomez-Heredia,
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. 08CA0630
Douglas County District Court No. 06CR643
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricardo Jaime Sanchez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb J., concurs
Fox, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1124
Pueblo County District Court No. 06CR1490
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip Edward Castro,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Russel and Miller, JJ., concur
Court of Appeals No. 08CA1586
City and County of Denver District Court No. 06CR3013
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alan Ambrose Medina,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
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. 08CA1888
Adams County District Court No. 07CR202
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Evan Jared Sanders,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division III
Opinion by JUDGE DAILEY
J. Jones, J., concurs
Lichtenstein, J., specially concurs
Announced February 10, 2011
Court of Appeals No. 08CA2456
City and County of Denver District Court No. 02CR2638
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Garrett,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 09CA0281
Adams County District Court No. 05CV657
Honorable John T. Bryan, Judge
Honorable Thomas R. Ensor, Judge
Mitchell A. Fremling, M.D.,
Plaintiff-Appellee and Cross-Appellant,
v.
William L. Saber, M.D.,
Defendant-Appellant and Cross-Appellee.
Judgment VACATED and Case
Remanded with Directions
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Prior Opinion Announced June 17, 2010 Withdrawn
Petition for Rehearing Denied
Court of Appeals No. 09CA0812
Mesa County District Court No. 08CR1034
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin Kenneth Griffin,
Defendant-Appellant.
JUDGMENT REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE RICHMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1655
El Paso County District Court No. 03CR1448
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gino Jacob Lerner,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román, and Richman, J.J.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1723
Weld County District Court No. 08CR2059
Honorable Gilbert Andrew Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Edward Lyons.
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2030
City and County of Denver District Court No. 07CR4760
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Anthony Mares,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, Webb, and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2130
City and County of Denver District Court Nos. 03CR2213 & 04CR531
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesse Barajas,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE CARPARELLI
Furman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2192
Larimer County District Court No. 08PR334
Honorable Gregory M. Lammons, Judge
In the Matter of the Estate of Phyllis Lee Umbaugh, Deceased.
Katherine Jo Motto,
Petitioner-Appellant,
v.
Theresa Elaine Keiser, as Personal Representative of the Estate of Phyllis Lee Umbaugh,
Respondent-Appellee.
ORDER AFFIRMED IN PART AND REVERSED IN PART
Division I
Opinion by JUDGE TAUBMAN
Carparelli and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2244
Moffat County District Court No. 08CR137
Honorable Sandra H. Gardner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carla Ann Roloff,
Defendant-Appellant.
SENTENCE AFFIRMED
Casebolt, Webb, and Román, JJ.
PER CURIAM
Court of Appeals No. 09CA2316
Montrose County District Court No. 07CV90
Honorable Jeff B. Herron, Judge
Jerry Havens, d/b/a Jerry Havens Excavating,
Plaintiff-Appellee,
v.
West Ridge Group, LLC,
Defendant-Appellant.
APPEAL DISMISSED
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. 09CA2519
City and County of Denver District Court No. 02CR2570
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Stewart,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2806
City and County of Denver District Court No. 06CV13191
Honorable John W. Madden IV, Judge
Germain Investment Company, a Colorado corporation,
Plaintiff-Appellant,
v.
City and County of Denver Board of Adjustment and City and County of Denver, Department of Zoning and Administration,
Defendants-Appellees.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0088
Garfield County District Court No. 09DR94
Honorable Denise K. Lynch, Judge
In re the Marriage of
Pamela M. Bowen,
Appellant,
and
Clydell J. Bowen,
Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0492
Weld County District Court No. 09CV1169
Honorable Daniel S. Maus, Judge
Sue E. Otteman,
Plaintiff-Appellee,
v.
Journey Homes, LLC, a Colorado limited liability company,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0810
Douglas County District Court No. 09DR692
Honorable Richard B. Caschette, Judge
In re the Marriage of
Caroline C. Cooley,
Appellee,
and
Eric Amat y Leon,
Appellant.
APPEAL DISMISSED IN PART AND JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0972
Industrial Claim Appeals Office of the State of Colorado
DD No. 5639-2010
Diligent Delivery Systems,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Darren E. Brouhard,
Respondents.
Order Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1599
Industrial Claim Appeals Office of the State of Colorado
DD No. 16536-2010
Western Logistics, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Veronica Gomez,
Respondents.
Order Affirmed
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1662
Adams County District Court No. 09JV239
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.V., a Child,
and Concerning S.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1997
City and County of Denver Juvenile Court No. 09JV2495
Honorable Paul R. McLimans, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.M.C., a Child,
and Concerning T.M.M., a/k/a T.M.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2521
Pueblo County District Court No. 10MH254
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of
Michael Shaun Anderson,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE J. JONES
Webb and Graham, 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. 09CA0281
Mitchell A. Fremling, M.D.,
Plaintiff-Appellee and Cross-Appellant,
v.
William L. Saber, M.D.,
Defendant-Appellant and Cross-Appellee.
Prior Opinion Announced June 17, 2010 Withdrawn
Petition for Rehearing Denied
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0568
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jimmy Joseph Pacheco,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0880
Pamela C. Welch,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Falcon School District No. 49,
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. 2010.