ANNOUNCEMENTS
COLORADO COURT OF APPEALS
July 28, 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. 08CA0612
Boulder County District Court No. 06CR1600
Honorable Lael E. Montgomery, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rudy Gaytan,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1638
City and County of Denver District Court No. 05CR1109
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Willie Dee Hayward, Jr.,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division II
Opinion by JUDGE DAILEY
Casebolt and Webb, JJ., concur
Court of Appeals No. 08CA2030
Lake County District Court No. 06CR76
Honorable David R. Lass, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Renova Tena,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2075
Arapahoe County District Court No. 06CR2098
Honorable Michael James Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cheryl Jo Boles,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2286
Garfield County District Court No. 06CR573
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nichole Denise Brownell,
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. 09CA0243 & 09CA0244
El Paso County District Court Nos. 03CR5358 & 05CR4818
Honorable Jann P. DuBois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ikxander Richard Figueroa,
Defendant-Appellant.
JUDGMENT, ORDER, AND SENTENCES AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Román, J., concurs
Carparelli, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0495
Adams County District Court No. 06CR1000
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlomagno Lopez-Garcia,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0943
Weld County District Court No. 08CR784
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Edward Doyle,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Dailey and Webb, J.J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1473
Arapahoe County District Court No. 98CR1791
Honorable Kurt A. Horton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Marcus Deshawn Mitchell,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1517
Adams County District Court No. 07CR3777
Honorable Thomas Richard Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Freddy B. Rodriguez,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 09CA1959
City and County of Denver District Court No. 08CR5916
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sirlove Reese Williams,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1960
City and County of Denver District Court Nos. 03CR3695, 04CR2276 & 06CR6592
Honorable Ronald M. Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sirlove Reese Williams,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2019
Jefferson County District Court No. 09CR674
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyler Lucas Howell,
Defendant-Appellant.
SENTENCE AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2207
Pueblo County District Court No. 04CR1267
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Anthony Gomez,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2363
El Paso County District Court Nos. 07CR3582 & 08CR3651
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Teral Stafin Lee,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2762
City and County of Denver District Court No. 94CR2488
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Miller,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE STERNBERG*
Davidson, C.J. and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0237
Jefferson County District Court No. 09CR582
Honorable Stephen M. Munsinger, Judge
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lenn Charles Lee,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Webb and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0518
El Paso County District Court No. 06CR4802
Honorable Gilbert A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone Maurice Lesane,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TERRY
Taubman and Criswell*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0609
Garfield County District Court No. 07CV224
Honorable Gail H. Nichols, Judge
James Bailey, Nancy Bailey, Rhonda Busch-Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, Linda Sanders, Robert Cordova, Carolyn Cordova, Tim Fink, Bruce Albert Berner, Barbara Filippone, Summer Haeske, and Francis Leintz,
Plaintiffs-Appellants,
v.
Henry Thomas Willison, individually; Linda Willison, individually; William Thompson, individually; Patricia Thompson, individually; Valley Commercial Plaza VCP 1, LLC, d/b/a Valley Commercial Plaza; and Crystal Property Management,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE WEBB
Casebolt and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0611
Weld County District Court No. 08CR1695
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Jesus Hernandez-Fuentes,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0629
Mesa County District Court No. 01CR429
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Starkey,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE PLANK*
Davidson, C.J. and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0886
City and County of Denver District Court No. 05CR3324
Honorable Martin F. Egelhoff, Judge
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dexter Harris,
Defendant-Appellant.
APPEAL DISMISSED IN PART
AND ORDER AFFIRMED
Division B
Casebolt, Graham, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0917
Jefferson County District Court No. 06DR260
Honorable Lilly W. Oeffler, Judge
In re the Marriage of
Lindsay A. Cavalli,
Appellee,
v.
Richard A. Cavalli,
Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0973
Larimer County District Court No. 03CR1173
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William J. Hunsaker, Jr.,
Defendant-Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE WEBB
Casebolt and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1007
Jefferson County District Court No. 04CR4105
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Padilla,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE PLANK*
Casebolt and Webb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1108
Pueblo County District Court No. 07CR624
Honorable Jill Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Rodriguez,
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. 10CA1113
Douglas County District Court No. 09CV2431
Honorable Vincent White, Judge
Homeowners Association Assistance, LLC, a Colorado limited liability company,
Plaintiff-Appellee,
v.
Bank of New York Mellon Corporation,
Defendant,
and
Jennifer Millington and Michael W. Millington,
Intervenors-Appellants.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
Court of Appeals No. 10CA1120
Gilpin County District Court No. 04CV100
Honorable Frederic Rodgers, Judge
James A. Harders Individual Trust,
Plaintiff-Appellee,
v.
Attorneys Title Guaranty Fund, Inc., a Colorado insurance company,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE RUSSEL
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1249
Arapahoe County District Court No. 09JD875
Honorable William Blair Sylvester, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.M.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Graham and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1412
Jefferson County District Court No. 01CR1608
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Gilbert Latulippe,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Casebolt, Graham, and Gabriel, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1415
Adams County District Court No. 09CV2140
Honorable Katherine R. Delgado, Judge
Jerry Garcia,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1460
Arapahoe County District Court No. 09CV1192
Honorable Christopher C. Cross, Judge
In re the Marriage of
Ronald R. Brookins,
Appellant,
and
Mary Lou Brookins,
Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE HAWTHORNE
Lichtenstein and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1497
Las Animas County District Court No. 09CV67
Honorable Leslie Gerbracht, Judge
Stacey Trudell,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections, and Warden, Trinidad Correctional Facility,
Defendants-Appellees.
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. 10CA1531
Jefferson County District Court No. 10CR527
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Robert Clark,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1651
El Paso County District Court No. 09DR3293
Honorable Thomas L. Kennedy, Judge
In re the Marriage of
Sandra G. Ebersohl,
Appellant,
and
Ronald D. Ebersohl,
Appellee.
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. 10CA1772
Arapahoe County District Court No. 10CV401
Honorable Marilyn L. Antrim, Judge
Star, Inc.,
Plaintiff-Appellant,
v.
QFA Royalties, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1888
El Paso County District Court No. 09CV3308
Honorable Gregory R. Werner, Judge
Deborah E. Carey,
Plaintiff-Appellee,
v.
Thomas F. Carey,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1959
Arapahoe County District Court No. 92JP322
Honorable Timothy L. Fasing, Judge
In re the Parental Responsibilities concerning A.D.H.-M., a Child,
and Concerning Joan Marie Havens,
Petitioner-Appellee,
and
Lonnie A. Mullen,
Respondent-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Russel and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2011
Boulder County District Court No. 07CV991
Honorable M. Gwyneth Whalen, Judge
Daniel S. Jorgensen and Linda Jorgensen,
Plaintiffs-Appellees,
v.
Colorado Rural Properties, LLC, a Colorado limited liability company; Dennis Neal; and Scarlett Vanross,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court
of Appeals No. 10CA2143
Industrial Claim Appeals Office of the State of Colorado
DD No. 22522-2010
Martha G. Caraveo,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Mine Safety Appliances Company,
Respondents.
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. 10CA2420
Industrial Claim Appeals Office of the State of Colorado
DD No. 27012-2010
Kim M. Solberg,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and First Transit, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Furman and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0099
Bent County District Court No. 09JV18
Honorable Paul R. McLimans, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.C., a Child,
and Concerning J.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RUSSEL
Carparelli and Rothenberg*, JJ., concur
Court of Appeals No. 11CA0335
Adams County District Court No. 09JV388
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.S. and A.Q.S., Children,
and Concerning D.A.S., Jr. and D.L.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROTHENBERG*
Carparelli and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0566
Industrial Claim Appeals Office of the State of Colorado
DD No. 200-2011
Paytech, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Yvonne Evanoff,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Bernard, J., concurs
Graham, J., dissents
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. 08CA0399
Gypsum Ranch Co. LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
Board of County Commissioners of the County of Garfield, State of Colorado, a quasi-municipal corporation,
Defendant,
and
Antero Resources II Corporation, a Delaware corporation doing business in Colorado as Antero Resources Corporation; and Department of Transportation, State of Colorado, an entity of the State of Colorado, as successor in interest to the Colorado Department of Highways,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1640
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan S. Warren,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0852
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Larry Weller,
Defendant-Appellant.
Petition for Rehearing of Modified Opinion DENIED
Bernard, J., would GRANT
Court of Appeals No. 09CA2435
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Gary Wilder,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0298
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Ellery R. Emert,
Defendant-Appellee.
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.