ANNOUNCEMENTS

COLORADO COURT OF APPEALS

March 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. 07CA2204

El Paso County District Court No. 06CR2178

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Demetrius Mario Herron,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART AND VACATED IN PART,

SENTENCE VACATED, 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. 07CA2479

Boulder County District Court No. 06CR1290

Honorable Lael E. Montgomery, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Victor Norman Hansen,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE NIETO*

Casebolt and Fox, JJ., concur

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

Court of Appeals No. 08CA1090

City and County of Denver District Court No. 07CR3838

Honorable Catherine A. Lemon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Leroy Woodward,

Defendant-Appellant.

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. 08CA1377

City and County of Denver District Court No. 07CR2783

Honorable Morris B. Hoffman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Quinton M. Arnwine,

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. 08CA1416

Fremont County District Court No. 05CR508

Honorable David M. Thorson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Deon S. Edwards,

Defendant-Appellant.

JUDGMENT Affirmed

Division VI

Opinion by JUDGE ROMán

Hawthorne and Rothenberg*, JJ., concur

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

Court of Appeals No. 08CA1517

El Paso County District Court No. 07CR5063

Honorable G. David Miller, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Luis Fuentes-Trevizo,

Defendant-Appellant.

APPEAL DISMISSED

Division I

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Kapelke*, JJ., concur

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

Court of Appeals No. 08CA1560

City and County of Denver District Court No. 07CR5735

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Bruce E. Tso, a/k/a Patrick Begay

Defendant-Appellant.

JUDGMENT 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. 08CA1627

Garfield County District Court No. 05CR587

Honorable James B. Boyd, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Samuel Kingman Lincoln,

Defendant-Appellant.

Judgment AND SENTENCE 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. 08CA2359

Jefferson County District Court No. 08CR943

Honorable Jane A. Tidball, Judge

Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Degraff Hamill,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Carparelli, J., concurs

Gabriel, J., dissents

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

Court of Appeals No. 09CA0516

Mesa County District Court No. 08CR159

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Travis M. Cavender,

Defendant-Appellant.

JUDGMENT 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. 09CA0541

Elbert County District Court No. 07CR62

Honorable Jeffrey K. Holmes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kenneth James Cooper,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE HAWTHORNE

Román and Rothenberg*, JJ., concur

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

Court of Appeals No. 09CA0852

Denver District Court No. 06CR6778

Honorable Brian R. Whitney, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David Larry Weller,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART

AND REVERSED IN PART

Division VII

Opinion by JUDGE TERRY

Bernard and Booras, JJ., concur

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

Court of Appeals No. 09CA1090

Weld County District Court No. 08CR1193

Honorable James F. Hartman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Benjamin Allen Frey,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Kapelke*, JJ., concur

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

Court of Appeals No. 09CA1309

Weld County District Court No. 08CR1977

Honorable James F. Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Todd Frazier,

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. 09CA1319

La Plata County District Court No. 08CR62

Honorable Jeffrey R. Wilson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Suer,

Defendant-Appellant.

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. 09CA1518

Arapahoe County District Court No. 07CR822

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Glenn Carver,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II

Opinion by JUDGE FOX

Casebolt and Nieto*, JJ., concur

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

Court of Appeals No. 09CA1589

Mesa County District Court No. 07CR1278

Honorable Valerie Jo Robinson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Narl J. Eastham,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Fox and Ney*, JJ., concur

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

Court of Appeals No. 09CA1688

El Paso County District Court No. 07CR3057

Honorable Larry E. Schwartz, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lee Christian Cutler,

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. 09CA1691

Adams County District Court No. 05CR2748

Honorable Harlan R. Bockman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elma Y. Garcia,

Defendant-Appellant.

ORDER VACATED, JUDGMENT REVERSED,

AND CASE REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE FOX

Casebolt and Ney*, JJ., concur

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

Court of Appeals No. 09CA1744

Weld County District Court No. 09CR43

Honorable James F. Hartmann, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua James Richardson,

Defendant-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. 09CA1749

Mesa County District Court No. 09CR2

Honorable Thomas M. Deister, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Pamela Kathleen Boyd,

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. 09CA2165

Arapahoe County District Court No. 00CR2218

Honorable Michael J. Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brian Victor Prendergast,

Defendant-Appellant.

SENTENCE AFFIRMED

Division I

Opinion by JUDGE NEY*

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

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

Court of Appeals No. 09CA2789

El Paso County District Court No. 08CR131

Honorable Robert L. Lowrey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Timothy Ernest Archuleta,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, Román, and Gabriel, J.J.

PER CURIAM

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

Court of Appeals No. 09CA2804

Pueblo County District Court No. 01CR842

Honorable Frank Plaut, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Herbert William Hudson,

Defendant-Appellee.

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 Nos. 10CA0042 & 10CA0774

City and County of Denver District Court No. 08CV10954

Honorable Morris B. Hoffman, Judge

Honorable Shelley I. Gilman, Judge

Maria L. Herrera,

Plaintiff-Appellee and Cross-Appellant,

v.

State Farm Mutual Automobile Insurance Company,

Defendant-Appellant and Cross-Appellee.

ORDERS AFFIRMED IN PART AND VACATED IN PART

Division II

Opinion by JUDGE FOX

Casebolt and Nieto*, JJ., concur

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

Court of Appeals No. 10CA0201

Larimer County District Court No. 96CR481 & 96CR564

Honorable Dave Williams, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dean Steven Mangeris,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, Román, and Gabriel, JJ.

PER CURIAM

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

Court of Appeals No. 10CA0246

Las Animas County District Court No. 07DR110

Honorable Leslie Jean Gerbracht, Judge

In re the Marriage of

Ronald A. Rattie,

Appellant,

and

Barbara G. Freeman-Rattie,

Appellee.

ORDER AFFIRMED IN PART

AND REVERSED IN PART

Division IV

Opinion by JUDGE DAILEY

Russel and Miller, JJ., concur

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

Court of Appeals No. 10CA0368

City and County of Denver District Court Nos. 02CR185 & 02CR186

Honorable Ronald M. Mullins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ned Pace, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE KAPELKE*

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

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

Court of Appeals No. 10CA0375

Mesa County District Court No. 09CR1276

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Terry M. Taylor,

Defendant-Appellee.

RULING DISAPPROVED

Division VII

Opinion by JUDGE TERRY

Bernard and Booras, JJ., concur

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

Court of Appeals No. 10CA0441

Mesa County District Court No. 08DR269

Honorable Brian J. Flynn, Judge

In re the Marriage of

James F. Guzzi,

Appellee,

and

Connie Guzzi,

Appellant.

APPEAL DISMISSED IN PART, ORDERS 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. 10CA0442

Boulder County District Court No. 08CV1168

Honorable Roxanne Bailin, Judge

Golden Run Estates, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Richmond American Homes of Colorado, Inc., a Delaware corporation,

Defendant-Appellee.

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. 10CA0452

Weld County District Court No. 07CR1524

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Srinivasa Rao Bandla,

Defendant,

and Concerning Blayne D. Brown, bail bonding agent,

Surety-Appellant.

ORDER 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. 10CA0626

City and County of Denver District Court No. 10CV582

Honorable Robert S. Hyatt, Judge

Cecil O. Bynum,

Plaintiff-Appellant,

v.

Keri Johnson, David Ryan, A.P. Richmond, J. Simmons, J. Casias, J. Andrews, and Robert Hart,

Defendants-Appellees.

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. 10CA0915

Weld County District Court No. 09CR755

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jose Antonio-Marin,

Defendant,

and Concerning Patricia J. Bellion-Bonetti

Surety-Appellant.

ORDER 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. 10CA1028

Adams County District Court No. 95CR1437

Honorable John T. Bryan, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Fernando B. Martinez, Jr.,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, Román, and Gabriel, JJ.

PER CURIAM

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

Court of Appeals No. 10CA1115

Industrial Claim Appeals Office of the State of Colorado

DD No. 2416-2010

Arthur B. Perizzolo,

Petitioner,

v.

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

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. 10CA1290

Industrial Claim Appeals Office of the State of Colorado

DD No. 37253-2009

AF Management, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Oleg V. Tarasov,

Respondents.

ORDER 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. 10CA1394

City and County of Denver District Court No. 07CV1400

Honorable Kenneth M. Laff, Judge

Lavern W. Ortiz,

Plaintiff-Appellant,

v.

Wildlife Commission, Department of Natural Resources, State of Colorado,

Defendant-Appellee.

JUDGMENT 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. 10CA1886

Industrial Claim Appeals Office of the State of Colorado

DD No. 22110-2010

Heidi A. Christensen,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and United States Department of Veterans Affairs,

Respondents.

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. 10CA1994

Industrial Claim Appeals Office of the State of Colorado

DD No. 23799-2010

Mark B. Baker,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and JJ RELM 2 LLC, d/b/a Heidi’s Brooklyn Deli,

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. 10CA2170

Industrial Claim Appeals Office of the State of Colorado

DD No. 21646-2010

Marvis G. Howerton,

Petitioner,

v.

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

Respondents.

ORDER 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. 10CA2192

El Paso County District Court No. 08JV1409

Honorable G. David Miller, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.D.-H., a Child,

and Concerning J.H.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Fox and Nieto*, JJ., concur

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

Court of Appeals No. 10CA2343

Industrial Claim Appeals Office of the State of Colorado

DD No. 25728-2010

Antonio Love,

Petitioner,

v.

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

Respondents.

ORDER AFFIRMED

Division C

Furman, 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. 08CA2377

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert J. Freeman,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 09CA2599

Dan Gramatic,

Plaintiff-Appellant,

v.

Wells Fargo Bank, N.A., and Colorado Department of Revenue,

Defendants-Appellees.

Petition for Rehearing DENIED

Court of Appeals No. 10CA0183

In re the Marriage of

Loren J. Randall,

Appellant

and

Lori A. Minikus-Randall

Appellee.

Petition for Rehearing DENIED

Court of Appeals No. 10CA0572

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Craig L. Poindexter,

Defendant-Appellant.

Petition for Rehearing DENIED

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2010.