ANNOUNCEMENTS

COLORADO COURT OF APPEALS

January 26, 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. 08CA0890

Elbert County District Court No. 07CV48

Honorable Jeffrey K. Holmes, Judge

Citizens for Responsible Growth, Elbert County, a Colorado nonprofit corporation; Laura E. Shapiro; and John T. Dorman,

Plaintiffs-Appellees,

v.

RCI Development Partners, Inc., a Colorado corporation,

Defendant-Appellant.

JUDGMENT AFFIRMED IN PART

AND REVERSED IN PART

Division A

Opinion by JUDGE KAPELKE*

Graham and Booras, JJ., concur

Prior Opinion Announced October 6, 2011, WITHDRAWN

Petition for Clarification GRANTED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA2187

El Paso County District Court No. 07CR2286

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Steven Ray Gonzales,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE MILLER

Román and Richman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1115

Jefferson County District Court No. 06CR796

Honorable R. Brooke Jackson, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Veronica June Leal,

Defendant-Appellant.

JUDGMENT 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. 09CA1504

City and County of Denver District Court No. 08CR4202

Honorable William D. Robbins, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Lindenthaler,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE HAWTHORNE

Casebolt and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2678

City and County of Denver District Court No. 05CR5170

Honorable Herbert L. Stern, III, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marco Lopez-Alvaron,

Defendant-Appellant.

SENTENCE Affirmed AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE ROMán

Richman and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0586

Douglas County District Court No. 06CR308

Honorable Paul A. King, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Megan Marie Wells,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE RUSSEL

Webb and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1049

Pueblo County District Court No. 03CR810

Honorable Jill Mattoon, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

David John Lucero,

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. 10CA1246

El Paso County District Court No. 04CR1988

Honorable J. Patrick Kelly, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel Lee Moore,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE RICHMAN

Loeb and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1700

El Paso County District Court No. 07CV363

Honorable Thomas K. Kane, Judge

John Holcomb,

Plaintiff-Appellant,

v.

3 Tech, LLC, a Colorado limited liability company; Angela Cole, an individual; Primis Marketing Group, Inc., a Delaware corporation; and Accudata Integrated Marketing, a Florida company,

Defendants-Appellees,

and Concerning Mark A. Larson, an individual; and Larson & Associates, P.C.,

Intervenors-Appellees.

ORDER AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

J. Jones and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1721

Arapahoe County District Court No. 08CR2544

Honorable Marilyn Leonard Antrim, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mwila Chimembe,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Bernard and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2079

Adams County District Court No. 02CR2548

Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Mark Irlanda,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE CARPARELLI

Furman and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2118

Moffat County District Court Nos. 04CR53, 08CR21, 10CR21, 10CR36, 10CR61, 10CR88 & 10CR90

Honorable Shelley A. Hill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Levi Schwindorf,

Defendant-Appellant.

JUDGMENTS AND ORDER AFFIRMED

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. 10CA2122

Pueblo County District Court No. 09CV1373

Honorable Larry C. Schwartz, Judge

Alter Moneta Corporation,

Plaintiff-Appellee,

v.

LAP Partnership, LLLP,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE BOORAS

Taubman and Román, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2145

Arapahoe County District Court No. 10DR2502

Honorable Richard H. Russell, Judge

In re the Marriage of

Deborah Lynn Mazurek,

Appellee,

and

Thaddeus A. Mazurek, Jr.,

Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE ROY

Webb and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2249

El Paso County District Court No. 01CR946

Honorable Deborah J. Grohs, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John P. Kalinowski,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by JUDGE NEY*

Davidson, C.J. and Rothenberg*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2500

Logan County District Court No. 10CV23

Honorable Kevin L. Hoyer, Judge

Marco A. Rocha,

Plaintiff-Appellee,

v.

Executive Director of the Colorado Department of Corrections; and Warden of Sterling Correctional Facility,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE LOEB

Bernard and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2676

Adams County District Court No. 09JV359

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.L., a Child,

and Concerning M.L.,

Respondent-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. 10CA2683

Boulder County District Court No. 09CV846

Honorable Lael Montgomery, Judge

Honorable M. Gwyneth Whalen, Judge

Daniel L. Hess,

Plaintiff-Appellant,

v.

City of Boulder,

Defendant-Appellee.

ORDER AFFIRMED IN PART, REVERSED IN PART,

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. 11CA0065

El Paso County District Court No. 09CR164

Honorable Kirk S. Samelson, Judge

Honorable Peter W. Booth, Judge

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Christopher William Dodson,

Defendant-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE HAWTHORNE

Casebolt and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0081

Montrose County District Court No. 09CV14

Honorable James W. Schum, Judge

Elaine Michelle Anton, f/k/a Elaine Michelle Castrodale,

Plaintiff-Appellant,

v.

Martin Etchart; and Etchart Livestock, Inc.,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE RICHMAN

Román and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0141

Logan County District Court No. 10CV145

Honorable Charles M. Hobbs, Judge

Edwin Mark Ackerman,

Plaintiff-Appellant,

v.

Kevin Milyard, Warden Sterling Correctional Facility; and the Executive Director of the Colorado Department of Corrections,

Defendants-Appellees.

APPEAL DISMISSED IN PART AND ORDER 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. 11CA0175

Arapahoe County District Court No. 03CR730

Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marquis A. Scott,

Defendant-Appellant.

ORDER AFFIRMED

Division B

Webb, J. Jones, and Booras, JJ.

PER CURIAM

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0204

Douglas County District Court No. 10CV590

Honorable Nancy A. Hopf, Judge

Ocedon III, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

TCHR, LLC, a Colorado limited liability company,

Defendant-Appellee.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BERNARD

Loeb and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0374

Logan County District Court No. 10CV98

Honorable Michael K. Singer, Judge

Steven Stilling,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections; and Kevin Milyard, Warden of the Sterling Correctional Facility,

Defendants-Appellees.

JUDGMENT 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. 11CA0433

El Paso County District Court No. 85CV2446

Honorable Larry E. Schwartz, Judge

Norman E. Vaux, II,

Plaintiff-Appellant,

v.

Marvin Sherman and Marie Sherman,

Defendants-Appellees.

ORDER REVERSED, JUDGMENT VACATED,

AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BERNARD

Loeb and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0594

City and County of Denver District Court No. 10CV8517

Honorable Herbert L. Stern, III, Judge

Stanley Huffman,

Plaintiff-Appellant,

v.

Colorado Department of Revenue, Driver Services Division; and Colorado Department of Human Services Division of Behavioral Health,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE ROTHENBERG*

Davidson, C.J. and Ney*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0715

Huerfano County District Court No. 06CV81

Honorable Claude W. Appel, Judge

Cliff Arnell and Elsie Arnell,

Plaintiffs-Appellants,

v.

County Commissioners of Huerfano County, in their capacity as elected officials and representatives of Huerfano County,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Russel and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0832

Logan County District Court No. 11CV20

Honorable Kevin L. Hoyer, Judge

Joseph Curl,

Petitioner-Appellant,

v.

Executive Director of the CDOC Kevin Milyard, Warden of the Sterling Correctional Facility, Associate Warden Carol Soares, and Major Michelle Nycz-Halligan,

Defendants-Appellees.

ORDERS AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE TERRY

Roy and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1941

Arapahoe County District Court No. 10JV920

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.R.S., a Child,

and Concerning S.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)

Court of Appeals No. 11CA2020

Industrial Claim Appeals Office of the State of Colorado

DD No. 14806-2011

A & A Quality Appliance, Inc.,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Brad S. Willms,

Respondents.

ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Rothenberg*, 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. 07CA1810

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Kevin Keith McKnight,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA1565

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Victor Mosley,

Defendant-Appellee.

Petition for Rehearing DENIED

Court of Appeals No. 08CA1853

Kenneth P. O’Hanlon, f/k/a Kenneth P. Hanlon,

Plaintiff-Appellee and Cross-Appellant,

v.

American National Property and Casualty Company,

Defendant-Appellant and Cross-Appellee.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1400

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Jay Poage,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

Court of Appeals No. 09CA2167

The People of the State of Colorado, 

Plaintiff-Appellee,

v.

Visith Ny,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2408

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leah Louise Salazar,

Defendant-Appellant.

Petition for Rehearing DENIED

Court of Appeals No. 10CA0873

Michael Milligan,

Plaintiff-Appellant,

v.

Rod Cozzeto, Associate Warden, Arkansas Valley Correctional Facility; and Perfecto Hijar, Hearing Officer,

Defendants-Appellees.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1241

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Barry Eugene Burrous,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1665

Janis M. Reigel,

Plaintiff-Appellee,

and

Brent Reigel and Bradley Reigel,

Plaintiffs-Appellees and Cross-Appellants,

v.

SavaSeniorCare L.L.C., a Delaware limited liability company; SavaSeniorCare Administrative Services, L.L.C., a Delaware limited liability company; and SSC Thornton Operating Company, L.L.C., a Delaware limited liability company, d/b/a Alpine Living Center,

Defendants-Appellants and Cross-Appellees.

Petition for Rehearing DENIED

Court of Appeals No. 10CA1995

Colorado Insurance Guaranty Associates,

Plaintiff-Appellant,

v.

Philadelphia Insurance Company,

Defendant-Appellee.

Petition for Rehearing DENIED

Court of Appeals No. 10CA2039

Bristol Bay Productions, LLC, f/k/a Crusader Entertainment, LLC,

Plaintiff-Appellant,

v.

Peter Lampack; Peter Lampack Agency, Inc.; Simon & Schuster, Inc.; and Penguin Group USA, Inc.,

Defendants-Appellees.

Petition for Rehearing DENIED

Court of Appeals No. 10CA2267

John Redding,

Petitioner-Appellant,

v.

Department of Natural Resources,

Respondent-Appellee,

and

State Personnel Board,

Appellee.

Petition for Rehearing DENIED

Court of Appeals No. 11CA0717

Logan County District Court No. 94PR58

Honorable Michael K. Singer, Judge

In re the Estate of Gregory Alan Kloberdanz, an incapacitated person,

Colleen Ann Carmichael and Frank Dale Carmichael,

Appellants,

v.

Louise E. Kloberdanz,

Appellee.

Opinion Modified and

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.