ANNOUNCEMENTS

COLORADO COURT OF APPEALS

March 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. 08CA0126

Douglas County District Court No. 03CR381

Honorable Thomas J. Curry, Judge

Honorable Nancy A. Hopf, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Robert Williams,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Russel and Miller, JJ., concur

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

Court of Appeals No. 08CA0656

El Paso County District Court No. 06CR1878

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Glenn Winbush,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART, SENTENCE VACATED,

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. 08CA1013

El Paso County District Court No. 06CR4118

Honorable Barney Iuppa, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Logan Alter,

Defendant-Appellant.

APPEAL DISMISSED IN PART

AND ORDERS AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Román and Richman, JJ., concur

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

Court of Appeals No. 08CA1238

Washington County District Court No. 03CR25

Honorable Douglas R. Vannoy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sergio Valencia, a/k/a Cesar Holguin,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE DAILEY

Russel and Miller, JJ., concur

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

Court of Appeals No. 08CA1816

City and County of Denver District Court No. 91CV1272

Honorable Herbert L. Stern, III, Judge

Stephen D. Replin,

Plaintiff-Appellant,

v.

Daniel E. Hall,

Defendant-Appellee.

APPEAL DISMISSED

Division VII

Opinion by JUDGE KAPELKE*

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

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

Court of Appeals No. 08CA1911

City and County of Denver District Court Nos. 82CR1524, 83CR703, 83CR704, 83CR755, 83CR827 & 83CR828

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy M. Mondragon,

Defendant-Appellant.

ORDER Reversed and case

remanded with directions

Division VI

Opinion by JUDGE ROMán

Hawthorne and Richman, JJ., concur

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

Court of Appeals No. 09CA0397

City and County of Denver District Court No. 07CR5427

Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Craig Lee Tholson,

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. 09CA0742

Boulder County District Court Nos. 05CR1129 & 05CR2030

Honorable Maria E. Berkenkotter, Judge

Honorable D.D. Mallard, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dennis Ray Barefoot,

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. 09CA0755

City and County of Denver District Court No. 07CV11123

Honorable Christina M. Habas, Judge

Film/Video Equipment Services Co., Inc., and Dean Schneider,

Plaintiffs-Appellants,

v.

Janice Kay Baker,

Defendant-Appellee.

JUDGMENT AFFIRMED IN PART

AND APPEAL STAYED IN PART

Division VI

Opinion by JUDGE FURMAN

Carparelli and Criswell*, JJ., concur

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

Court of Appeals No. 09CA1302

Adams County District Court No. 08CR854

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Daniel Reeves,

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. 09CA1423

City and County of Denver District Court No. 01CR2554

Honorable Ronald M. Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hal Lewis Hebert,

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. 09CA1456

Jefferson County District Court No. 07CR1105

Honorable Lily W. Oeffler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Nancy Ruth Bautista,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE BOORAS

Bernard and Terry, JJ., concur

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

Court of Appeals No. 09CA1788

Arapahoe County District Court No. 08CV705

Honorable Marilyn Leonard Antrim, Judge

Sally J. Owens,

Plaintiff-Appellant,

v.

Roxanna Frary,

Defendant-Appellee.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Rovira* and Nieto*, JJ., concur

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

Court of Appeals No. 09CA2204

Adams County District Court No. 08CR2874

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Louis Quezada,

Defendant-Appellant.

ORDER VACATED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE RUSSEL

Dailey and Miller, JJ., concur

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

Court of Appeals No. 09CA2237

Baca County District Court Nos. 96CR25 & 96CR34

Honorable P. Douglas Tallman, Judge

Honorable Stanley A. Brinkley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Trevino,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 09CA2329

Chaffee County District Court No. 04CR55

Honorable Charles M. Barton, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gardner Woodward,

Defendant-Appellant.

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. 09CA2526

Adams County District Court No. 03CR599

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alex Orlando Manigo,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 09CA2609

Douglas County District Court No. 08DR420

Honorable Richard B. Caschette, Judge

In re the Marriage of

Delia Mellen,

Appellee,

and

Mitchell Jay Mellen,

Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Rovira* and Nieto*, JJ., concur

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

Court of Appeals No. 09CA2677

City and County of Denver District Court No. 09CR1104

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Derrell Bell,

Defendant-Appellant.

Judgment 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. 10CA0022

Weld County District Court No. 05CR2068

Honorable Thomas J. Quammen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Carrillo,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE RUSSEL

Dailey and Miller, JJ., concur

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

Court of Appeals No. 10CA0057

Garfield County District Court No. 07DR407

Honorable Daniel B. Petre, Judge

In re the Parental Responsibilities of D.L.R., a Child,

Tonya Lewis, f/k/a Tonya Alba, Custodian,

Appellant,

and

David Lewis and Gabrielle Parrish,

Appellees.

ORDER AFFIRMED

Division II

Opinion by JUDGE LOEB

Casebolt and Fox, JJ., concur

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

Court of Appeals No. 10CA0123

City and County of Denver District Court No. 08CV3255

Honorable Anne M. Mansfield, Judge

Idalmis C. Cooley, Louann L. Bieneman, Mak S. Cabral, Elicia L. Aragon, Jacquelyn Drummond, and Robert L. Houk,

Plaintiffs-Appellants,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

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. 10CA0195

Boulder County District Court No. 08CV626

Honorable Roxanne Bailin, Judge

Connie G. Navarrete and Jacqueline R. Nieto,

Plaintiffs-Appellants,

v.

American Family Mutual Insurance Company,

Defendant-Appellee.

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. 10CA0283

Pueblo County District Court No. 92CR200

Honorable Jill S. Mattoon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Salvador Mondragon,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 10CA0292

Board of Assessment Appeals Nos. 50100 & 50106

Katherine A. Bjorkman and Daniel L. Bjorkman,

Petitioners-Appellants,

v.

Montezuma County Board of Commissioners,

Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

APPEAL DISMISSED

Division VII

Opinion by JUDGE BOORAS

Bernard and Terry, JJ., concur

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

Court of Appeals No. 10CA0341

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-783-889

Labor Ready, Inc. and Ace American Insurance Co.,

Petitioners,

v.

Industrial Claim Appeals Office of the State of Colorado and Mario Laroc,

Respondents.

ORDER 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. 10CA0439

Pueblo County District Court Nos. 98CR21 & 98CR137

Honorable Thomas B. Flesher, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Carlos Salvador Mondragon,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 10CA0512

Arapahoe County District Court No. 94CR2121

Honorable Carlos A. Samour, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Lee Holiday, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 10CA0553

Arapahoe County District Court No. 08DR3257

Honorable J. Mark Hannen, Judge

In re the Marriage of

Gary Anderson,

Appellant,

and

Tamara S. Burkey,

Appellant.

ORDER VACATED 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. 10CA0618

City and County of Denver District Court No. 08CV4422

Honorable Catherine A. Lemon, Judge

James Clary,

Plaintiff-Appellee,

v.

Patricia Cone,

Defendant,

and Concerning State Farm Mutual Automobile Insurance Company, an Illinois corporation,

Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BOORAS

Bernard and Terry, JJ., concur

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

Court of Appeals No. 10CA0725

City and County of Denver District Court No. 09CV6685

Honorable William W. Hood, Judge

Paul A. Mitchell, M.D.,

Plaintiff-Appellant,

v.

Cheryl Hara and Colorado Physician Health Program,

Defendants-Appellees.

ORDER AFFIRMED IN PART, REVERSED 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. 10CA0839

El Paso County District Court No.06CR4708

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jonathan D. Schmier,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Casebolt, Carparelli, and Román, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1515

Industrial Claim Appeals Office of the State of Colorado

DD No. 14504-2010

Dunmire Property Management, Inc.

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mary L. Moses,

Respondents.

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. 10CA1516

Industrial Claim Appeals Office of the State of Colorado

DD No. 16061-2010

Dunmire Property Management, Inc.

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Linda A. Finch,

Respondents.

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. 10CA1589

Industrial Claim Appeals Office for the State of Colorado

DD No. 17540-2010

Dunmire Property Management, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Tamara S. Herbert,

Respondents.

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. 10CA1592

Arapahoe County District Court No. 09JV86

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning C.N.,

Intervenor-Appellant.

ORDER AFFIRMED

Division A

Opinion by JUSTICE ROVIRA*

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

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

Court of Appeals No. 10CA1804

Industrial Claim Appeals Office of the State of Colorado

DD No. 16831-2010

Dunmire Property Management, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Linda A. Wylds,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE BOORAS

Bernard and Terry, JJ., concur

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

Court of Appeals No. 10CA1819

Industrial Claim Appeals Office of the State of Colorado

DD No. 17878-2010

Theodore M. Wirtz,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Pulte Homes Corporation,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Miller, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2090

Industrial Claim Appeals Office of the State of Colorado

DD No. 23335-2010

Patricia Wedgle-Bailess,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mapleton School District 1,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Bernard, and Miller, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2245

Mesa County District Court No. 09JV149

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Z.S.B. and S.E.B., Children,

and Concerning C.C. and H.M.B.,

Respondents-Appellants.

JUDGMENT AND ORDER AFFIRMED

Division A

Opinion by JUDGE NIETO*

Davidson, C.J., and Rovira, J., 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. 08CA0242

In the Matter of John S. Holt, Successor Trustee of the Trust Created By Sophia H. Scott and William C. Scott, Trust Registration No. 12,829, and Trustee of the Scott Family Trust,

Mark A. Scott,

Petitioner-Appellee and Cross-Appellant,

v.

Samuel C. Scott,

Respondent-Appellant and Cross-Appellee.

--------------------AND--------------------

In the Matter of the Estate of William C. Scott, Deceased,

Mark A. Scott,

Petitioner-Appellee,

v.

Samuel C. Scott,

Respondent-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 08CA1888

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Evan Jared Sanders,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2562

Maryilynne Solomon, as Parent and Next Friend of Joshua Solomon, a minor,

Plaintiff-Appellee,

v.

Jonathon Newcome,

Defendant- Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0766

Process Serving Solutions,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Louise M. Barnes,

Respondents.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0700

El Paso County District Court No. 07DR4

Honorable Scott A. Sells, Judge

In re the Marriage of

Julie Ann Nicks,

Appellant,

and

Lance C. Nicks,

Appellee.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0810

In re the Marriage of

Caroline C. Cooley,

Appellee,

and

Eric Amat y Leon,

Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA0966

Brianna L. Romano,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Heuberger Volkswagen, Inc.,

Respondents.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1404

Jules Marie,

Petitioner,

v.

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

Respondents.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1593

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Paul Perez,

Defendant-Appellant.

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.