ANNOUNCEMENTS
COLORADO COURT OF APPEALS
June 2, 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. 08CA1172
Adams County District Court No. 06CR3236
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Quinten Marsialles Arnwine,
Defendant-Appellant.
Judgment affirmed in part
and reversed in part
Division V
Opinion by JUDGE ROMán
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1881
Larimer County District Court No. 06CR1685
Honorable John David Williams, Judge
Honorable Frank Plaut, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Kirk Juda,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1909
Douglas County District Court No. 07CR434
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dane Stephon Newton
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2145
City and County of Denver District Court No. 06CR6416
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darin Pearson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2306
Moffat County District Court No. 08CR87
Honorable Michael Andrew O’Hara, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rodney Heath Culverwell,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CRISWELL*
Dailey and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0186
La Plata County District Court No. 07CR650
Honorable Jeffrey R. Wilson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott Dennis Saxon,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE GABRIEL
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA0805 & 09CA0873
City and County of Denver District Court No. 04CV5133
Honorable William D. Robbins, Judge
Dayton Green, Ltd., Condominium Owners Association,
Plaintiff-Appellee,
v.
Donald E. Fymbo and Carol T. Napier,
Defendants-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MÁRQUEZ*
Casebolt and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0946
City and County of Broomfield District Court No. 08CR83
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Scott Wren,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2086
City and County of Denver Probate Court No. 02PR398
Honorable C. Jean Stewart, Judge
In re the Estate of Marian P. Klarner, deceased.
Carol Shirley and Linda Turnwall,
Petitioners-Appellants,
v.
Katz Look & Moison, P.C.; Arthur L. Daley, co-trustee; and Denis F. Daley, co-trustee,
Appellees.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2186
Adams County District Court No. 07CR3672
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Anthony Ardia,
Defendant-Appellant.
Judgment affirmed
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2308
Pueblo County District Court No. 07CR138
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raul Hurtado Marquez,
Defendant-Appellant.
Order Affirmed
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2402
Park County District Court No. 08CR78
Honorable Stephen A. Groome, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Wesley Hiss,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Hawthorne, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2498
Jefferson County District Court No. 08CR2313
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Travis Lee Ragan,
Defendant-Appellant.
APPEAL DISMISSED
Division VII
Opinion by JUDGE RICHMAN
Furman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2516
City and County of Denver District Court No. 05CR2441
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dina Weller,
Defendant-Appellant.
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. 10CA0017
City and County of Denver District Court No. 09CR2568
Honorable William W. Hood, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
William Jake Silveira,
Defendant-Appellee.
RULING APPROVED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy, J., concurs
Furman, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0096
Fremont County District Court No. 09CV89
Honorable Stephen A. Groome, Judge
Howell F. Roberts, III,
Plaintiff-Appellant,
v.
Executive Director of the CDOC and
Warden of the Colorado Territorial Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0208
El Paso County District Court No. 06CR3133
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Nolan Duran,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Russel and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0281
Boulder County District Court No. 05DR537
Honorable James C. Klein, Judge
In re the Marriage of
Steven J. Clegg,
Appellant,
and
Claudia Riggs Clegg,
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. 10CA0493
Park County District Court No. 06CR94
Honorable Stephen A. Groome, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dewayne Dell Rymer,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE GABRIEL
Furman and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0494
City and County of Denver District Court Nos. 91CR1554, 91CR1555, 91CR1557, 91CR1558, & 91CR1563
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Byron Cortez,
Defendant-Appellant.
ORDERS AFFIRMED
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0687
Adams County District Court No. 09CR1445
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory Daniel Todd,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0739
Fremont County District Court No. 99CR199
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Shawn Snell,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Russel, and Terry, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0759
El Paso County District Court No. 09CV2469
Honorable Scott A. Sells, Judge
Christine Irelan,
Plaintiff-Appellee,
v.
Edw. C. Levy Co., a Michigan corporation, d/b/a Triple E Trucking, Inc., and Clyde E. West,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1118
City and County of Denver Probate Court No. 09PR1155
Honorable C. Jean Stewart, Judge
In re the Estate of Lorene Wherry, deceased.
Ann M. Knight,
Claimant-Appellant,
v.
David Wherry,
Personal Representative-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Furman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1205
Adams County District Court No. 05CR3013
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Bradley Duran,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1234
Arapahoe County District Court No. 09JV211
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of V.C., a Child,
and Concerning C.M.T.,
Respondent-Appellant and Cross-Appellee,
and
M.T. and H.T.,
Special Respondents-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1324
El Paso County District Court No. 03CR4870
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ivan Stamps,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1582
City and County of Denver District Court No. 07CR6527
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hillard Leroy McAlpin,
Defendant-Appellant.
Order affirmed
and appeal dismissed in part
Division B
Roy, Russel, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1917
Industrial Claim Appeals Office of the State of Colorado
DD No. 21178-2010
Glen Distributing, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Loren L. Bryson,
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. 10CA2637
El Paso County District Court No. 94CR3662
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edwin Mark Ackerman,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Russel, Hawthorne, and J. Jones, 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. 07CA1350
Weld County District Court No. 06CR638
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benito Juarez,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FOX
Loeb and Plank*, JJ., concur
Opinion Modified and
Petition for Rehearing DENIED
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.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2729
City and County of Denver District Court No. 08CV7435
Honorable Martin F. Egelhoff, Judge
Table Services, LTD, d/b/a La Renaissance, Inc., a Colorado corporation; S D J Barton, Inc., d/b/a/ The Trough Restaurant, a Colorado corporation; J. Rodger Woody, d/b/a Woody’s Drive-In, a Colorado business; Wooden Nickel, Inc., d/b/a The Wooden Nickel, a Colorado corporation; First Street Cafe Corporation, d/b/a First Street Cafe, a Colorado corporation; AD-Truck, Inc., d/b/a Copper Kitchen Cafe, a Colorado corporation; Lost Valley Ranch Corporation, d/b/a Lost Valley Ranch, a Colorado corporation; and Peck House, Inc., d/b/a The Peck House, a Colorado corporation,
Plaintiffs-Appellants,
v.
John Hickenlooper, as Governor of the State of Colorado, and Michael McArdle, as Director of the Division of Labor, Colorado Department of Labor and Employment,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0247
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig Poindexter,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0392
First American Title Insurance Company,
Plaintiff-Appellee,
v.
Dean David Young,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0714
Mesa County District Court No. 00CR1148
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Philip E. Stetzel,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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.