ANNOUNCEMENTS

COLORADO COURT OF APPEALS

March 17, 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. 08CA2694

Adams County District Court No. 07CR776

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado

Plaintiff-Appellee,

v.

Carey Andre Griffin.

Defendant-Appellant.

JUDGMENT VACATED

Division V

Opinion by JUDGE RUSSEL

Webb and Gabriel, JJ., concur

Court of Appeals No. 09CA1651

Pitkin County District Court No. 08CV56

Honorable Gail H. Nichols, Judge

Arnold Meyerstein, in his capacity as trustee of the Meyerstein Trust,

Plaintiff-Appellant,

v.

City of Aspen, a home rule municipality; Aspen/Pitkin County Housing Authority, a multi-jurisdictional housing authority; and Music Associates of Aspen, d/b/a Aspen Music Festival and School,

Defendants-Appellees.

JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE GABRIEL

Taubman and Carparelli, JJ., concur

Court of Appeals No. 09CA2400

Weld County District Court No. 06CR2627

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Neil Kiniston,

Defendant-Appellant.

SENTENCE REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE TERRY

Booras and Sternberg*, JJ., concur

Court of Appeals No. 10CA0244

Pueblo County District Court No. 06CV777

Honorable Deborah R. Eyler, Judge

JW Construction Company, Inc., a Colorado Corporation,

Plaintiff-Appellant,

and

Joseph Wodiuk,

Third-Party Defendant-Appellant,

v.

Ryan K. Elliott, a/k/a Ryan Elliott, and Christana R. Elliott, a/k/a Christana Elliott,

Defendants and Third-Party Plaintiffs-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Loeb and Plank*, JJ., concur

Court of Appeals No. 10CA0249

Adams County District Court No. 95DR92

Honorable F. Michael Goodbee, Judge

In re the Marriage of

Scott Wells,

Appellant,

and

Carrie Wells,

Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BOORAS

Terry and Sternberg*, JJ., concur

Court of Appeals No. 10CA0275

Adams County District Court No. 09CV500

Honorable Katherine R. Delgado, Judge

Ken Medina, Milton Rosas, and George Sourial,

Plaintiffs-Appellants,

v.

Sonic-Denver T, Inc., d/b/a Mountain States Toyota, and American Arbitration Association, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

 Carparelli and Gabriel, JJ., concur

Court of Appeals No. 10CA0405

El Paso County District Court No. 95CR291

Honorable Gilbert A. Martinez, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Monty K. Sowell,

Defendant-Appellee.

ORDER Reversed and Case

Remanded with Directions

Division VI

Opinion by JUDGE ROMán

Hawthorne and Richman, JJ., concur

Court of Appeals No. 10CA1254

El Paso County District Court No. 09CR4639

Honorable Ronald G. Crowder, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Tony Blue,

Defendant-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Carparelli and Gabriel, 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. 07CA0716

Jefferson County District Court Nos. 06CR656 & 06CR1122

Honorable Jane A. Tidball, Judge

The People of the State of Colorado, 

Plaintiff-Appellee,

v.

Julio C. Ontiveros-Perez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE GABRIEL

Taubman and Carparelli, JJ., concur

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

Court of Appeals No. 08CA0168

Arapahoe County District Court No. 06CR1570

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donnell Jackson, a/k/a Darnell Jackson,

Defendant-Appellant.

ORDERS 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. 08CA1588

Archuleta County District Court No. 07CR30

Honorable Gregory G. Lyman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sergio Bustillos-Cervantes,

Defendant-Appellant.

SENTENCE AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Carparelli and Gabriel, JJ., concur

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

Court of Appeals No. 09CA0583

Adams County District Court No. 97CR1637

Honorable Thomas R. Ensor, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shane Burden,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE CARPARELLI

Taubman and Gabriel, JJ., concur

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

Court of Appeals No. 09CA2124

Jefferson County District Court No. 05CR1536

Honorable Jack W. Berryhill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gilbert Richard Cisneros,

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. 09CA2164

Pitkin County District Court No. 08CV0074

Honorable Denise K. Lynch, Judge

Arnold Meyerstein, in his capacity as Trustee of the Meyerstein Trust,

Plaintiff-Appellee and Cross-Appellant,

v.

City of Aspen, Colorado, a home rule municipality; Aspen/Pitkin County Housing Authority, a multijurisdictional housing authority; Starwood Aspen Realty, LLC; and Starwood Hotels & Resorts Worldwide, Inc.,

Defendants-Appellants and Cross-Appellees.

ORDERS AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE GABRIEL

Taubman and Carparelli, JJ., concur

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

Court of Appeals No. 09CA2238

Jefferson County District Court No. 08CV3973

Honorable R. Brooke Jackson, Judge

Jacob Pratt,

Plaintiff-Appellee,

v.

Raphael Campanini,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Criswell*, JJ., concur

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

Court of Appeals No. 09CA2380

Larimer County District Court No. 08CV58

Honorable Dave Williams, Judge

Owners Insurance Company, an Ohio corporation,

Plaintiff-Appellee,

v.

Amanda Blakey and Rae Ann Blakey,

Defendants-Appellants.

Judgment Affirmed

Division III

Opinion by JUDGE ROY

Furman and Sternberg*, JJ., concur

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

Court of Appeals No. 09CA2720

City and County of Denver District Court No. 06CR2138

Honorable R. Michael Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Julio Ontiveros-Perez,

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. 10CA0121

Douglas County District Court No. 05CR160

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lenard J. Brown,

Defendant-Appellant.

ORDER 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. 10CA0347

Delores County District Court No. 08CV12

Honorable Sharon L. Hansen, Judge

Craig M. Cox, Ida B. Cox, Howard R. Gwynn, Carol Gwynn, Montie R. Lee, Diana K. Lee, and San Juan Ranches, LLC, an Arizona limited liability company,

Plaintiffs-Appellees,

v.

Guy Paquet and Elizabeth Paquet,

Defendants-Appellants.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE BERNARD

Terry and Booras, JJ., concur

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

Court of Appeals No. 10CA0424

City and County of Denver District Court No. 97CR242

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roy L. Shankle,

Defendant-Appellant.

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. 10CA0539

City and County of Denver District Court No. 09CV3599

Honorable Catherine A. Lemon, Judge

Tractor & Equipment Company; and Machinery Power & Equipment Company, d/b/a T&E The Cat Rental Store,

Plaintiffs-Appellees,

v.

Jack Grynberg, individually; and d/b/a Grynberg Petroleum Company,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

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. 10CA0597

Arapahoe County District Court No. 09DR2036

Honorable Carlos A. Samour, Judge

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

Mattika Farmer,

Petitioner-Appellee,

and Concerning Daniel Graham,

Respondent-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. 10CA0721

Adams County District Court No. 10CV68

Honorable Katherine R. Delgado, Judge

Jamie V. Pisarra,

Plaintiff-Appellant,

v.

United Food Service, Inc., d/b/a Shamrock Foods Company,

Defendant-Appellee.

ORDER REVERSED 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. 10CA0784

Boulder County District Court No. 08DR557

Honorable James C. Klein, Judge

In re the Marriage of

Anna J. Long, n/k/a Anna Wilds,

Appellant,

and

John C. Long,

Appellee.

ORDER AFFIRMED

Division I

Opinion by JUDGE CARPARELLI

Gabriel and Ney*, JJ., concur

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

Court of Appeals No. 10CA0822

Teller County District Court No. 09CV334

Honorable Edward S. Colt, Judge

Richard Fay and Marilyn Fay,

Plaintiffs-Appellants,

v.

Teller County Board of Adjustment, State of Colorado; Tami Mundy; Chris Mundy; and Christopher Lee Downs,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE GABRIEL

Taubman and Carparelli, JJ., concur

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

Court of Appeals No. 10CA1258

Jefferson County District Court No. 91DR346

Honorable Christie B. Phillips, Judge

In re the Marriage of

Janet A. Chapman,

Appellant,

and

Andrew J. Chapman,

Appellee.

ORDER AFFIRMED

Division I

Opinion by JUDGE GABRIEL

Carparelli and Ney*, JJ., concur

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

Court of Appeals No. 10CA1260

Adams County District Court Nos. 07CR2765 & 07CR2921

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Desiree Michelle Medina,

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. 10CA1885

Adams County District Court No. 07JV334

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of M.D., M.D., and M.D., Children,

and Concerning J.C. and S.D.,

Respondents-Appellants.

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. 10CA1929                                                                          

Morgan County District Court No. 09JV122

Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.M.T., Child,

and Concerning S.E.T.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Criswell*, JJ., concur

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

Court of Appeals No. 10CA1978

El Paso County District Court No. 08JV1650

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of E.C-C. , E.C., A.C., A.B., Children,

and Concerning J.C,,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE STERNBERG*

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

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

Court of Appeals No. 10CA1979

El Paso County District Court No. 09JV2

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of D.C-C., a Child,

and Concerning J.C.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE CRISWELL*

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

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

Court of Appeals No. 10CA2015

El Paso County District Court No. 09JV224

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Petitioner-Appellee,

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

and Concerning S.H.,

Respondent-Appellant.

JUDGMENT 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. 10CA2125

Adams County District Court No. 08JV377

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.E.M., Child,

and Concerning C.E.,

Respondent-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. 10CA2312

Adams County District Court No. 08JV319

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.E., a/k/a P.J.L.-A.E., a Child,

and Concerning C.O.,

Respondent-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. 10CA2316

Arapahoe County District Court No. 09JV179

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of S.G. and S.R., Children,

and Concerning K.R.,

Respondent-Appellant.

JUDGMENT 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. 10CA2392

Industrial Claim Appeals Office of the State of Colorado

DD No. 30116-2010

Eugene P. Foitek,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Sears Roebuck & Co.,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2398

Adams County District Court No. 09JV350

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.Z-B., a Child,

and Concerning A.Z-M.

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE LICHTENSTEIN

Roy and Furman, JJ., concur

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

Court of Appeals No. 10CA2566

Industrial Claim Appeals Office of the State of Colorado

DD No. 29079-2010

Marta Quinones,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Department of Treasury,

Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE LICHTENSTEIN

Roy and Furman, JJ., concur

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

Court of Appeals No. 10CA2671

Industrial Claim Appeals Office of the State of Colorado

DD No. 31052-2010

Howard W. Kitamura,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 11CA0052

Industrial Claim Appeals Office of the State of Colorado

DD No. 30944-2010

Phyllis T. Jones,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and First Data Technologies,

Respondents.

ORDER AFFIRMED

Division C

Furman, Bernard, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 11CA0127

Industrial Claim Appeals Office of the State of Colorado

DD No. 33407-2010

Steven C. Gordy,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Arnold Logistics, LLC,

Respondents.

ORDER AFFIRMED

Division C

Hawthorne, Furman, 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. 08CA2697

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marilyn J. Davis,

Defendant-Appellant.

Petition for Rehearing DENIED as Moot

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

Court of Appeals No. 09CA0024

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Wesley Davis,

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.