ANNOUNCEMENTS
COLORADO COURT OF APPEALS
August 4, 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
Court of Appeals No. 08CA1275
City and County of Denver District Court No. 07CR2068
Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Douglas L. Brown,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division II
Opinion by JUDGE DAILEY
Webb and Sternberg*, JJ., concur
Court of Appeals No. 09CA1095
Adams County District Court No. 07CR3394
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincent Palomo,
Defendant-Appellant.
Judgment Affirmed, ORDER vacated,
and case remanded with directions
Division III
Opinion by JUDGE ROY
Loeb and J. Jones, JJ., concur
Court of Appeals No. 09CA2182
City and County of Denver District Court No. 06CV8230
Honorable Shelley I. Gilman, Judge
Bernie Martin,
Plaintiff-Appellee,
v.
Paul Essrig,
Defendant-Appellant,
and Concerning David S. Carroll,
Attorney-Appellant.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE J. JONES
Roy and Loeb, JJ., concur
Court of Appeals No. 10CA1320
City and County of Denver District Court No. 09CV8362
Honorable Sheila A. Rappaport, Judge
Qwest Corporation,
Plaintiff-Appellant,
v.
Colorado Division of Property Taxation, Department of Local Affairs, State of Colorado,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE WEBB
Dailey and Sternberg*, JJ., concur
Court of Appeals No. 10CA1409
Morgan County District Court No. 10CV38
Honorable Douglas R. Vannoy, Judge
Ronald E. Henderson,
Plaintiff-Appellant,
v.
City of Fort Morgan, a municipal corporation and political subdivision of the State of Colorado; and City Council of the City of Fort Morgan, in its official capacity as a formally constituted public body,
Defendants-Appellees.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
Court of Appeals No. 10CA1725
Arapahoe County District Court No. 10PR198
Honorable T.L. Fasing, Judge
In re the Estate of Kathryn E. Newton, deceased.
Mojo Properties, LLC,
Claimant-Appellant,
v.
Patrick J. Woods,
Personal Representative-Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE BERNARD
Graham and Fox, JJ., concur
Court of Appeals No. 10CA2635
Mesa County District Court No. 10CV4284
Honorable David A. Bottger, Judge
Lloyd A. Tidwell, Betty H. Tidwell, and BLT Consulting, Inc., a dissolved Colorado corporation,
Plaintiffs-Appellees,
v.
Bevan Properties, Ltd., a purported corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, 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. 07CA0082
El Paso County District Court No. 05CR3016
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lamont Ray Banks,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RUSSEL
Loeb and Richman, JJ., concur
Court of Appeals No. 08CA1645
City and County of Denver District Court No. 04CR4896
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Danny Shea,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2073
El Paso County District Court No. 04CR3811
Honorable Kirk S. Samelson, Judge
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Richard Hunt,
Defendant- Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LICHTENSTEIN
Roy and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2220
Arapahoe County District Court No. 06CR72
Honorable Jack F. Smith, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Howard Harrell,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE WEBB
Márquez* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2630
Weld County District Court No. 08CR27
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sean David Allen,
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. 09CA1243
Morgan County District Court Nos. 08CR143 & 08CR196
Honorable Michael Keith Singer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Scott Ochs,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2229
La Plata County District Court No. 06CR361
Honorable David L. Dickinson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Felix Torrez,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE MÁRQUEZ*
Carparelli and Rothenberg*, JJ., concur
Court of Appeals No. 09CA2712
Weld County District Court No. 09CR1054
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Richard Hesselden,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Terry and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2761
City and County of Denver District Court No. 86CR131
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Chambers,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Márquez* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0271
Mesa County District Court No. 06CR430
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sarah Beaudoin,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Carparelli, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0986
Boulder County District Court No. 10PR8
Honorable Thomas F. Mulvahill, Judge
In re the Estate of Phyllis L. Umbaugh, deceased.
Katherine Jo Motto,
Petitioner-Appellant,
v.
Theresa Elaine Keiser,
Personal Representative-Appellee.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Bernard and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1011
Montezuma County District Court No. 09CV133
Honorable Robert W. Ogburn, Judge
Shawn G. Wells, Glenn D. Wells, and Danny L. Wilkin,
Plaintiffs-Appellants,
v.
Board of County Commissioners of Montezuma County, Colorado; Gerald W. Koppenhafer; Larry D. Rule; Steve Chappell; and Empire Electric Association, Inc., a Colorado cooperative association,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Richman and Criswell*, JJ., concur
Court of Appeals No. 10CA1294
Weld County District Court No. 09DR586
Honorable Randall C. Lococo, Magistrate
In re the Marriage of
Diane F. Struppler,
Appellant,
and
Donald R. Struppler,
Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1306
Adams County District Court No. 05CR2135
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hewritt Fredrick Dixon,
Defendant- Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Hawthorne and Booras, JJ., concur
Court of Appeals No. 10CA2190
Industrial Claim Appeals Office of the State of Colorado
DD No. 21969-2010
Roxie Iniguez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Harrison School District Two,
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. 10CA2368
Pueblo County District Court No. 03CR112
Honorable Jill S. Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Haines,
Defendant-Appellant.
ORDER AFFIRMED
Division C
Graham, Carparelli, and Miller, JJ.
PER CURIAM
Court of Appeals No. 10CA2470
Pueblo County District Court No. 03CR112
Honorable Jill S. Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lacey Haines,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Graham, Carparelli, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0170
Jefferson County District Court No. 09CR2225
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gabriel Duran-Piceno,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Graham, Carparelli, and Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0197
Industrial Claim Appeals Office of the State of Colorado
DD No. 26991-2010
Clifford Smith,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hospital Shared Services Inc.,
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. 11CA0476
Gilpin County District Court No. 09CR37
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Patty Jo Whissen,
Defendant-Appellant.
SENTENCE AFFIRMED
Division B
Carparelli, Lichtenstein, and Miller, JJ.
PER CURIAM
Court of Appeals No. 11CA0654
Industrial Claim Appeals Office of the State of Colorado
DD No. 32961-2010
Andrew J. Kranig,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Lenscrafters, Inc.,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0978
Industrial Claim Appeals Office of the State of Colorado
DD No. 3717-2011
Larrie L. Hayes,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and SDH Education West LLC,
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. 11CA0984
Industrial Claim Appeals Office of the State of Colorado
DD No. 2853-2011
Bruce M. Punday,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Department of the Army, CPAC,
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. 10CA1195
In re the Marriage of
Carol Skivington,
and
Paul Skivington,
Appellant,
and Concerning El Paso County Child Support Enforcement Unit,
Intervenor-Appellee.
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.