ANNOUNCEMENTS
COLORADO COURT OF APPEALS
March 31, 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. 06CA0934
Weld County District Court No. 03CR1561
Honorable Daniel S. Maus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Robles,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE J. JONES
Graham, J., concurs
Webb, J., specially concurs
Court of Appeals No. 06CA1450
Weld County District Court No. 04CR1913
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rogelio Manuel Mares,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Loeb and Fox, JJ., concur
Court of Appeals No. 06CA1751
El Paso County District Court No. 05CR1488
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Lamont Brown,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Graham and J. Jones, JJ., concur
Court of Appeals No. 07CA1296
Fremont County District Court No. 98CR332
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Lynn Devorss,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE LOEB
Casebolt and Fox, JJ., concur
Court of Appeals No. 08CA0456
Weld County District Court No. 06CR1699
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Valencia,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CRISWELL*
Graham and Román, JJ., concur
Court of Appeals No. 08CA1809
Jefferson County District Court No. 99CR2889
Honorable M.J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Virginia Lee Walker,
Defendant-Appellant.
JUDGMENT AND SENTENCE VACATED
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 09CA0514
City and County of Denver District Court No. 06CR924
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Douglas Glasser, Jr.,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART,
REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE MILLER
Russel and Kapelke*, JJ., concur
Court of Appeals No. 09CA0725
City and County of Denver District Court Nos. 07CV5248 & 07CV8453
Honorable Catherine A. Lemon, Judge
Honorable Morris B. Hoffman, Judge
Barbara Kirkmeyer,
Plaintiff-Appellant,
v.
Department of Local Affairs, State of Colorado; and Susan E. Kirkpatrick, Executive Director in her official capacity,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WEBB
Russel and Gabriel, JJ., concur
Court of Appeals No. 10CA0138
City and County of Denver District Court No. 08CV6587
Honorable Herbert L. Stern, III, Judge
Chelsea E. Hamill,
Plaintiff-Appellant,
v.
Cheley Colorado Camps, Inc., a Colorado corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FOX
Casebolt and Loeb, JJ., concur
Court of Appeals No. 10CA0608
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-732-044
First Comp Insurance,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Pinnacol Assurance, and Erick Jonathan Hernandez Acosta, Deceased, and Dependants,
Respondents.
APPEAL DISMISSED
Division V
Opinion by JUDGE J. JONES
Webb and Graham, 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. 07CA2042
Eagle County District Court No. 06CR153
Honorable R. Thomas Moorhead, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Daniel Valdez,
Defendant-Appellant.
JUDGMENTS AFFIRMED IN PART,
VACATED IN PART, AND SENTENCES AFFIRMED
Division IV
Opinion by JUDGE DAILEY
Russel and Miller, JJ., concur
Court of Appeals No. 08CA0968
Larimer County District Court No. 06CR1077
Honorable James H. Hiatt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Nathaniel Romero,
Defendant-Appellant.
JUDGMENT 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. 08CA1473
Jefferson County District Court No. 07CR2458
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alejandro E. Pena,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE NIETO*
Casebolt and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1938
City and County of Denver District Court No. 08CR1264
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Alex Lucero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE WEBB
J. Jones and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2014
City and County of Denver District Court No. 07CR1723
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eliseo Mario Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE CARPARELLI
Taubman and Gabriel, JJ., concur
Court of Appeals No. 09CA0945
Mesa County District Court No. 08CR645
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Alfredo Esparza-Treto,
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. 09CA1845
El Paso County District Court No. 07CR2536
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Ray Annis,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH INSTRUCTIONS
Division VII
Opinion by JUDGE BERNARD
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1854
El Paso County District Court No. 08CR4941
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Ray Annis,
Defendant-Appellant.
JUDGMENT REVERSED 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. 09CA1989
Adams County District Court No. 07CR3418
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vu Bu Le,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GABRIEL
Taubman and Roy, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2070
Adams County District Court No. 06CV449
Honorable Thomas R. Ensor, Judge
Dennis Watson,
Plaintiff-Appellant,
v.
Public Service Company of Colorado, d/b/a Xcel Energy,
Defendant-Appellee.
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. 09CA2433
City and County of Denver District Court No. 08CV6489
Honorable Larry J. Naves, Judge
Sydney T. Bacchus,
Plaintiff-Appellant,
v.
Gregory Wayne Thompson and James Gordon Thompson,
Defendants-Appellees.
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. 10CA0307
Arapahoe County District Court No. 08CV892
Honorable John L. Wheeler, Judge
James Martin and Barbara Martin,
Plaintiffs-Appellees,
v.
Howard Moore, Kathleen Moore, and Tina Louise Moore Trust,
Defendants-Appellants.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0394
City and County of Denver District Court No. 07CV12309
Honorable Robert S. Hyatt, Judge
Jerry K. Phelps, in his capacity as successor trustee of the Jerry K. Phelps Family Trust, and individually,
Plaintiff-Appellee,
v.
Dewayne Dell Rymer and Christine E. Rymer,
Defendants-Appellants.
APPEAL DISMISSED IN PART AND 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. 10CA0399
Teller County District Court Nos. 06CR76 & 06CR153
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Karen C. Daniel-Knoll,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE J. JONES
Webb and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0551
City and County of Denver District Court No. 08CV7431
Honorable Shelley I. Gilman, Judge
Southwest Technologies, Inc.; Accident Fund Insurance Company of America; and Robert Lange, individually,
Plaintiffs-Appellees,
v.
Vanguard Car Rental USA, Inc., d/b/a Alamo Car Agency,
Defendant-Appellant.
JUDGMENT 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. 10CA0568
Adams County District Court No. 98CR1110
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Uriel Mata Rivas,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román and Richman, JJ., concur
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0646
City and County of Denver District Court Nos. 87CR1322 & 89CR2653
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Perez,
Defendant-Appellant.
ORDERS AFFIRMED
Webb, Román, and Richman, JJ.
PER CURIAM
Court of Appeals No. 10CA0779
El Paso County District Court No. 07CV11
Honorable Scott A. Sells, Judge
Northgate Highlands Homeowners Association, Inc.,
Plaintiff-Appellant,
v.
Barbara A. Zachman and Gary R. Zachman,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0888
Pueblo County District Court No. 91CR140
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Woodie Mack Ashfield,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román, and Richman, JJ., concur
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0953
El Paso County District Court No. 09CV3547
Honorable Larry E. Schwartz, Judge
Woodmen Hills Metropolitan District,
Plaintiff-Appellee,
v.
Paint Brush Hills Metropolitan District,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Webb and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0956
Office of Outfitters Registration No. OG 2008-0003
Terry R. Sandmeier, d/b/a Geneva Park Outfitters, Registration Number 732,
Plaintiff-Appellant,
v.
State of Colorado, Office of Outfitters Registration,
Defendant-Appellee.
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. 10CA0981
Douglas County District Court No. 98CR567
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul Huston Tinsley,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Webb, Román and Richman, JJ., concur
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1074
Industrial Claim Appeals Office of the State of Colorado
DD No. 6707-2010
Kathryn M. Germany,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and PSI Cedar Springs Hospital, Inc.,
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. 10CA1388
Lake County District Court No. 08CR37
Honorable Karen Ann Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron James Hernandez,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE NEY*
Casebolt and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1490
State Personnel Board No. 07G89
Barbara Kirkmeyer,
Petitioner-Appellant,
v.
Department of Local Affairs, State of Colorado,
Respondent-Appellee,
and
Colorado State Personnel Board,
Appellee.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE WEBB
Gabriel, J., concurs
Russel, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2012
City and County of Denver Juvenile Court No. 07JV1917
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.G., a Child,
and Concerning P.G.,
Respondent-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. 10CA2013
City and County of Denver Juvenile Court No. 08JV1388
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M.G.N., a Child,
and Concerning J.D.G. and V.N.C.,
Respondent-Appellants.
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. 10CA2426
Fremont County District Court No. 09JV123
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.H., a Child,
and Concerning R.M.P.,
Respondent-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. 10CA2618
Pueblo County District Court No. 10MH303
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
In the Interest of Kathleen O’Brien,
Respondant-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. 10CA2636
Industrial Claim Appeals Office of the State of Colorado
DD No. 30499-2010
Jeff C. Calomino,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, Bernard, and Lichtenstein, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0206
Industrial Claim Appeals Office of the State of Colorado
DD No. 27244-2010
Crystal Jacobs,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and QL Harmony Pointe Nursing Center,
Respondents.
ORDER AFFIRMED
Division C
Hawthorne, 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. 09CA2519
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Stewart,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2573
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Scot Troke,
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.