ANNOUNCEMENTS
COLORADO COURT OF APPEALS
July 7, 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. 08CA1767
Delta County District Court No. 07CR53
Honorable Charles R. Greenacre, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brent Arnold Hopper,
Defendant-Appellant.
JUDGMENTS AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 09CA0806
El Paso County District Court No. 07CV3833
Honorable Larry E. Schwartz, Judge
Maehal Enterprises, Inc., d/b/a Pikes Peak Harley-Davidson, a Colorado corporation,
Plaintiff-Appellee and Cross-Appellant
v.
Thunder Mountain Custom Cycles, Inc., a Colorado corporation,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LICHTENSTEIN
Dailey and J. Jones, JJ., concur
Court of Appeals No. 10CA0831
Grand County District Court No. 07CV172
Honorable Mary C. Hoak, Judge
Honnen Equipment Company, Inc.,
Plaintiff,
v.
Never Summer Backhoe Service, Inc. and Kyle D. Korth,
Defendants-Appellees,
and
Homestead Capital Company, Inc.,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
Court of Appeals No. 10CA0879
City and County of Denver District Court No. 09CV3342
Honorable Anthony F. Vollack, Judge
United States Welding, Inc., a Colorado corporation,
Plaintiff-Appellant,
v.
B&C Steel, Inc., a Colorado corporation; Metro Steel Fabricating, Inc., d/b/a Metro Steel Inc., a Colorado corporation; and Buckeye Welding Supply Company, Inc., a Colorado corporation,
Defendants-Appellees.
Judgment affirmed in part, reversed in part,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Furman and Lichtenstein, JJ., concur
Court of Appeals No. 10CA1671
Industrial Claim Appeals Office of the State of Colorado
DD No. 9686-2010
Lauro Sosa,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Swift Beef Company,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
Court of Appeals No. 10CA2070
Jefferson County District Court No. 09JV734
Honorable Brian D. Boatright, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.D., a Child,
and Concerning M.D.,
Respondent-Appellant.
APPEAL DISMISSED
Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Nieto*, J., concur
Court of Appeals No. 10CA2408
City and County of Denver Juvenile Court No. 08JV2939
Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of L.A.N., a/k/a L.A.C, a Child,
and Concerning L.M.B.,
Respondent-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, 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. 07CA2478
El Paso County District Court No. 07CR487
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fela James Frazier,
Defendant-Appellant.
Sentence 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. 08CA1354
Adams County District Court No. 07CR295
Honorable Jeffrey R. Wilson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Begaye,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Dailey and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0553
El Paso County District Court No. 07CR1857
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daisy Marie Coplen,
Defendant-Appellant.
ORDER 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. 09CA2027
Pueblo County District Court No. 05CR1395
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Reed Brandon,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE KAPELKE*
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2116
El Paso County District Court No. 02CR899
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Lee McNeil,
Defendant-Appellant.
Order 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. 09CA2281
Pueblo County District Court No. 78CR80331
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Michael Tuller,
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. 10CA1359
City and County of Denver District Court No. 04CR2727
Honorable Larry J. Naves, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Faraji Aswad Abdalla,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1405
Boulder County District Court No. 03CV55
Honorable D.D. Mallard, Judge
Lynn Young, individually and on behalf of all others similarly situated,
Plaintiff-Appellant,
v.
State Farm Mutual Automobile Insurance Company, an Illinois corporation,
Defendant-Appellee.
ORDER AFFIRMED, JUDGMENT VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FURMAN
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1568
El Paso County District Court No. 04CR925
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricardo Rodriguez Rosado,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Hawthorne and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2068
Industrial Claim Appeals Office of the State of Colorado
DD No. 33297-2009
Patricia Wedgle-Bailess,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Adams Arapahoe Aurora Schools 28J/Aurora Public Schools,
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. 10CA2110
Industrial Claim Appeals Office of the State of Colorado
DD No. 19439-2010
Otis R. Redwine,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public School District #1,
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. 10CA2115
Larimer County District Court No. 99CR963
Honorable David Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abdul Jefferies,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Terry, and Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2198
City and County of Denver District Court No. 04CR950
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur Gonzales,
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. 10CA2548
Industrial Claim Appeals Office of the State of Colorado
DD No. 29530-2010
Priscilla Gallegos,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Denver Public Schools,
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. 11CA0275
City and County of Denver District Court No. 88CR707
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
George Shanklin,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Terry, and Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0685
Industrial Claim Appeals Office of the State of Colorado
DD No. 19304-2010
Tommy L. Plotner,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Opus Hospitality Operations and Emp.,
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. 08CA1416
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deon S. Edwards,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Announced March 24, 2011
Court of Appeals No. 09CA1723
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Edward Lyons.
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2088
In re the Parental Responsibilities of E.S., a Child,
and Concerning Auriel Lauzon,
Petitioner,
and
Timothy Smith,
Appellant,
and
Laura Silvernail,
Intervenor-Appellee.
Opinion Modified and
Petitions for Rehearing DENIED
Court of Appeals Nos. 09CA2243 & 09CA2666
Michelle L. Medina,
Plaintiff-Appellant,
v.
Karen K. Darricau, M.D., and Forrest Brent Keeler, M.D.,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2637
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edwin Mark Ackerman,
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.