ANNOUNCEMENTS
COLORADO COURT OF APPEALS
FEBRUARY 24, 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. 07CA2009
Douglas County District Court No. 06CR579
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dwan Robert West,
Defendant-Appellant.
JUDGMENT 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. 07CA2285
City and County of Denver District Court Nos. 05CR1851 & 05CR3877
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard James Vigil,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, 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. 07CA2480
Arapahoe County District Court No. 04CR254
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frederico Quintana-Hinojos,
Defendant-Appellant.
JUDGMENT 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. 07CA2506
El Paso County District Court No. 06CR5519
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Allen Gregg,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Román and Richman, JJ., concur
Court of Appeals No. 08CA1818
Jefferson County District Court No. 07CR1622
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric T. Rice,
Defendant-Appellant.
JUDGMENTS AND SENTENCES AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Russel and Miller, JJ., concur
Court of Appeals No. 08CA1830
El Paso County District Court No. 05CR4310
Honorable G. David Miller, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Thomas Saindon,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2377
Arapahoe County District Court No. 97CR324
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert J. Freeman,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2636
Adams County District Court No. 07CR535
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Adam Wayne Connor,
Defendant-Appellant.
Order Affirmed
Division III
Opinion by JUDGE ROY
Furman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2662
City and County of Denver District Court No. 08CR10127
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terry Samuels,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUSTICE ROVIRA*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0350
Jefferson County District Court No. 08CR428
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lewis Dewitt Shirley,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE GABRIEL
Taubman and Carparelli, JJ., concur
Court of Appeals No. 09CA0851
Arapahoe County District Court Nos. 05CR2949, 07CR2714 & 08CR1385
Honorable Christopher C. Cross, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marc Harold Ramsey,
Defendant-Appellant.
SENTENCES AFFIRMED
Division VI
Opinion by JUDGE NIETO*
Davidson, C.J., and Rovira*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1968
City and County of Denver District Court No. 03CR2619
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Willie Braxton,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Miller, JJ., concur
Court of Appeals No. 09CA2046
Pueblo County District Court No. 04DR662
Honorable David W. Crockenberg, Judge
In re the Marriage of
Arthur Scott Chase,
Appellee,
and
Angela Chase, n/k/a Angela Warren,
Appellant.
ORDER VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Russel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2439
Larimer County District Court Nos. 98CR1475, 98CR1685, 99CR1188 & 99CR754
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nathaniel Chopp,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division B
Taubman, Roy and Richman, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2570
Jefferson County District Court No. 01CR199
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael DeDeyne,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND SENTENCE AFFIRMED
Webb, Román, and Richman, JJ.
PER CURIAM
Court of Appeals No. 09CA2599
Douglas County District Court No. 09CV2533
Honorable Paul A. King, Judge
Dan Gramatic,
Plaintiff-Appellant,
v.
Wells Fargo Bank, N.A., and Colorado Department of Revenue,
Defendants-Appellees.
ORDERS AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2694
El Paso County District Court No. 06CV3654
Honorable David Gilbert, Judge
Liberty Square Condominium Association, Inc., a Colorado non-profit corporation,
Plaintiffs-Appellee,
v.
Randolph A. Sigley, Sr.,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Terry and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2767
Arapahoe County District Court No. 08DR2915
Honorable J. Mark Hannen, Judge
In re the Marriage of
Susan J. Watts,
Appellant,
and
Charles F. Watts,
Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur
Court of Appeals No. 10CA0407
Prowers County District Court No. 99CR65
Honorable Stanley A. Brinkley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis D. Carter,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román, and Richman, JJ.,
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0496
Jefferson County District Court Nos. 03CR643 & 03CR929
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alex Orlando Manigo,
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. 10CA0508
Logan County District Court No. 09CV157
Honorable Kevin L. Hoyer, Judge
Ronald Cordova,
Plaintiff-Appellant,
v.
Ari Zavaras, Executive Director, Colorado Department of Corrections, and Kevin Milyard, Warden, Sterling Correctional Facility,
Defendants-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Terry and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0523
El Paso County District Court No. 08CV5699
Honorable Scott A. Sells, Judge
Sandra Holm,
Plaintiff-Appellant,
v.
Catholic Health Initiatives Colorado, d/b/a Centura Health Penrose-St. Francis Services,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0570
Arapahoe County District Court No. 06DR1413
Honorable J. Mark Hannen, Judge
In re the Marriage of
Eva S. Potter,
Petitioner-Appellant,
and
David Vignes,
Respondent-Appellee.
ORDERS AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
Court of Appeals No. 10CA0702
Weld County District Court No. 09CV1096
Honorable Daniel S. Maus, Judge
Linda Weiner, Robert Michael Weiner, Fred Block, Carolyn Block,
Plaintiffs-Appellants,
v.
Windsong Ranch Homeowners Association, Inc., a Colorado non-profit corporation, Windsong Ranch Homeowners Association, Inc., Architectural Control Committee,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Dailey and Rovira*, JJ., concur
Court of Appeals No. 10CA0755
Arapahoe County District Court No. 09CV707
Honorable Charles M. Pratt, Judge
Dawn Allert,
Plaintiff-Appellant,
v.
Farmers Insurance Exchange,
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. 10CA0781
El Paso County District Court No. 09DR1043
Honorable Barney Iuppa, Judge
In re the Marriage of
Beth Anne Erdmann,
Appellee,
and
Mark Allen Erdmann,
Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0801
Industrial Claim Appeals Office of the State of Colorado
W.C. 4-632-376
Everett Young
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Bobby Brown Bail Bonds, Inc., and Pinnacol Assurance,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
Court of Appeals No. 10CA0850
Arapahoe County District Court No. 99CR1282
Honorable Carlos A. Samour, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael H. Straub,
Defendant-Appellant.
ORDER AFFIRMED
Webb, Román, and Richman, JJ.
PER CURIAM
Court of Appeals No. 10CA0885
Arapahoe County District Court No. 04DR2142
Honorable Robert H. Russell, Judge
In re the Marriage of
Linda Silkes,
Appellee,
and
Matthew Elberg,
Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Webb and J. Jones, JJ., concur
Court of Appeals No. 10CA0932
Weld County District Court No. 09CV859
Honorable Daniel S. Maus, Judge
Patriarch Development, LLC, Mark Strauss, and Brian Lindsey,
Plaintiffs-Appellants,
v.
First National Bank of Colorado,
Defendant-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Rovira* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1650
Denver Juvenile Court No. 09JV1089
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.W.H., E.C.H., and A.M.H., Children,
and Concerning M.W.H., and T.E.H.,
Respondents-Appellants.
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. 10CA2062
City and County of Denver Juvenile Court No. 09JV1627
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.R.B.V, a Child,
and Concerning T.W.V.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE STERNBERG*
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2217
Industrial Claim Appeals Office of the State of Colorado
DD No. 24459-2010
Valerie R. Ditus,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Weld School District RE 4,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
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. 07CA1984
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenji Myricks Jones,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 08CA1867
David J. Mintz,
Plaintiff-Appellant and Cross-Appellee,
v.
Accident and Injury Medical Specialists, PC; Nadler, Inc.; Elite Chiropractic Care, Inc.; Physical Therapy, Inc.; Myocare, Inc.; A Shi Acupuncture, Inc.; Comprehensive Diagnostic Services, Inc.; Mile High Medical Group, LLC; and Global Physician Services, P.C.,
Defendants-Appellees and Cross-Appellants.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 08CA2530
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Cornelius Jones,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA1898
In re the Marriage of
Shu-Ling Chen Berggreen,
Appellee,
and
Anders Berggreen,
Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1802
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.B.C., a Child,
and Concerning C.E.F. and L.N.C.,
Respondents-Appellants.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1820
Doug W. Horsey,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Steve Berk Plumbing & Heating Inc.,
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.