ANNOUNCEMENTS
COLORADO COURT OF APPEALS
January 12, 2012
“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. 07CA1502
Arapahoe County District Court No. 04CR1772
Honorable Carlos A. Samour, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Darrel Cleaver,
Defendant-Appellant.
JUDGMENT Affirmed
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2360
City and County of Denver District Court No. 07CR2363
Honorable Morris B. Hoffman, Judge
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenny Dion Chase,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART
AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0906
Adams County District Court No. 07CR2252
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Agusta James Williams,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2072
Adams County District Court No. 07CR2092
Honorable Thomas R. Ensor, Judge
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abrahan Heriberto Salazar,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2303
City and County of Denver District Court No. 07CR10342
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ashonti Hall,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2397
El Paso County District Court No. 08CR2551
Honorable Scott A. Sells, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Obdulio Arvelo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE PLANK*
Carparelli and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2430
Garfield County District Court No. 99CR341
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Blozvich,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2464
City and County of Denver District Court No. 02CR2817
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Taylor,
Defendant-Appellant.
ORDER Affirmed
Division VII
Opinion by JUDGE ROMán
Richman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0340
City and County of Denver District Court No. 01CR2317
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Doyle,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0365
El Paso County District Court No. 06DR2504
Honorable Scott A. Sells, Judge
In re the Marriage of
Blake A. Leverett,
Appellant,
and
Sarah M. Leverett,
Appellee.
APPEAL DISMISSED IN PART, ORDER AFFIRMED IN PART
AND REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1514
City and County of Denver District Court No. 02CV8831
Honorable John W. Madden IV, Judge
Barbara L. Trattler,
Plaintiff-Appellant,
v.
Daniel C. Citron, M.D., and Colorado Internal Medicine Center, P.C.,
Defendants-Appellees.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
Court of Appeals No. 10CA1967
Arapahoe County District Court No. 09CR1421
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Todd Cerise,
Defendant-Appellant.
JUDGMENT AND SENTENCES AFFIRMED
Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2086
Jefferson County District Court No. 04CR287
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Valenzuela,
Defendant-Appellant.
SENTENCE AFFIRMED
Division III
Opinion by JUDGE TERRY
Roy and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2231
Mesa County District Court No. 09CV4154
Honorable David A. Bottger, Judge
Landmark Development Company, LLC,
Plaintiff-Appellant and Cross-Appellee,
v.
First National Bank of the Rockies,
Defendant-Appellee and Cross-Appellant.
JUDGMENTS AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2260
Adams County District Court No. 05CR479
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony I. Leiweke,
Defendant-Appellant.
ORDERS AFFIRMED
Division IV
Opinion by JUDGE RUSSEL
Webb and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2297
City and County of Denver District Court No. 09CR5279
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bette Lou Rhone,
Defendant-Appellant.
ORDER AFFIRMED IN PART AND REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2525
Arapahoe County District Court No. 96CR541
Honorable Elizabeth A. Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Lee Watson,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division B
Hawthorne, Furman, and Bernard, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2631
Mesa County of District Court No. 10CR377
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Alan Sears,
Defendant-Appellant.
APPEAL DISMISSED
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0103
City and County of Denver District Court No. 88CR2063
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Ernest Schwartz,
Defendant-Appellant.
APPEAL DISMISSED
Division B
Casebolt, Webb, and J. Jones, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0229
Adams County District Court No. 09DR2428
Honorable Frank Plaut, Judge
In re the Marriage of
Hollie M. Grabhorn,
Appellee,
and
Mark A. Grabhorn,
Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Vogt*, JJ., concur
Court of Appeals No. 11CA0621
Boulder County District Court No. 08CV504
Honorable Ingrid S. Bakke, Judge
Philip Carruthers,
Plaintiff-Appellant,
v.
Carrier Access Corporation and Turin Networks, Inc.,
Defendants-Appellees.
ORDER REVERSED
Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0662
Crowley County District Court No. 10CV40
Honorable Michael A. Schiferl, Judge
David Bean,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections, and Warden of the Arkansas Valley Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0719
Jefferson County District Court No. 02DR2680
Honorable R. Brooke Jackson, Judge
In re the Parental Responsibilities of B.H., a Child,
and Concerning Nora Ashby, n/k/a Nora Herring,
Appellee,
and
Brian Humble,
Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE STERNBERG*
Davidson, C.J. and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0765
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-782-175
MKBS, LLC, and TLPQC Services, LLC, d/b/a Metro Taxi,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Pinnacol Assurance, and Janusz Kondracki,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Furman and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0773
Industrial Claim Appeals Office of the State of Colorado
DD No. 800-2011
William L. Scott, Jr.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and ANC Research & Development, LLC,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Booras and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0805
Logan County Court No. 10CV119
Honorable Douglas R. Vannoy, Judge
Michael Wayne Bingham,
Plaintiff-Appellant,
v.
Lieutenant Jessica Dorcey, Captain E.T. Hoffman, Assistant Warden Carol Soares, Grievance Officer Anthony Decesaro, Lieutenant Tideman, Sergeant. Steerman, and Sergeant Ball,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART,
ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Hawthorne and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0986
Industrial Claim Appeals Office of the State of Colorado
DD No. 38708-2010
Johnny W. Wallace,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and 4D Dairy, LLC,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE PLANK*
Graham and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1066
Industrial Claim Appeals Office of the State of Colorado
DD No. 1542-2011
Claudia D. Alexander,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Eagle County, Colorado,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE BOORAS
Graham and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1108
City and County of Denver District Court No. 88CR122
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Montgomery,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1127
El Paso County District Court No. 10JV870
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.M., Child,
and Concerning J.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Miller, J., concurs
Lichtenstein, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1349
Industrial Claim Appeals Office of the State of Colorado
DD No. 3039-2011
Richard T. Holt,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hospice of Metro Denver, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1823
Weld County District Court No. 09JV1011
Honorable Elizabeth Strobel, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.M., a Child,
and Concerning M.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE VOGT*
Davidson, C.J. and Sternberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1828
City and County of Denver Juvenile Court No. 09JV125
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.M.C.T., a Child,
and Concerning A.A.T.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
Court of Appeals No. 11CA1910
Boulder County District Court No. 11JV114
Honorable Roxanne Bailin, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.S., S.S., and S.S., Children,
and Concerning M.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur
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. 08CA1591
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Eugene Ratcliff,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2453
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tommie Corral Mendoza,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 09CA1098
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jessie Rodriguez Yerton,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 10CA1547
Patricia Arndt, a/k/a Patricia L. Thompson,
Plaintiff-Appellant,
v.
Melissa Pedersen,
Defendant-Appellee.
Opinion Modified, and Modified,
Petition for Rehearing Denied
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0149
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Angel Tenorio,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0812
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles D. Mosby,
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. 2011.