ANNOUNCEMENTS
COLORADO COURT OF APPEALS
February 16, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 10CA1206 2012 COA 26
Pueblo County District Court No. 08CR1178
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Nathaniel Sexton,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Nieto*, JJ., concur
Court of Appeals No. 10CA2005 2012 COA 27
City and County of Denver District Court No. 09CV1959
Honorable Michael A. Martinez, Judge
Richard C. LaFond, Esq.,
Plaintiff-Appellee,
v.
Charlotte N. Sweeney, Esq.,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
Court of Appeals No. 11CA0329 2012 COA 29
City and County of Denver District Court No. 10CV2317
Honorable William W. Hood, III, Judge
Judith Rotz,
Plaintiff-Appellant,
v.
Hyatt Corporation, d/b/a Hyatt Regency Denver at Colorado Convention Center,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
Court of Appeals No. 11CA0528 2012 COA 30
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-777-591
Shelly Crowell,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Denver West Marriott, and New Hampshire Insurance Company,
Respondents.
ORDER SET ASIDE AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE NEY*
Carparelli and Furman, JJ., concur
Court of Appeals No. 11CA0604 2012 COA 31
Mesa County District Court No. 10JD41
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellant,
In the Interest of C.Y.,
Juvenile-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERNARD
Hawthorne, J., concurs
Russel, J., dissents
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 05CA1514
Arapahoe County District Court No. 98CR2414
Honorable Robert H. Russell, II, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randy Deon Canister,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
Court of Appeals No. 06CA1518
Jefferson County District Court No. 05CR1008
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ricky Cuong Hoang,
Defendant-Appellant.
JUDGMENT AFFIRMED 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. 08CA1386
Larimer County District Court No. 97CR411
Honorable Gregory M. Lammons, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesse Raul Frias,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1652
Jefferson County District Court No. 07CR331
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ray Rivers Perkins,
Defendant-Appellant.
JUDGMENT 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. 09CA0623
Arapahoe County District Court No. 07CR681
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kirk Daniel Harris,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
Court of Appeals No. 09CA1038
City and County of Denver District Court No. 07CR4464
Honorable John W. Madden, IV, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Leon Williams,
Defendant-Appellant.
JUDGMENT 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. 09CA2695
Summit County District Court No. 08CR182
Honorable Karen Ann Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis Grant Baker,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED
IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GABRIEL
Roy and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1419
Adams County District Court No. 08CR3612
Honorable Frederick Michael Goodbee, Judge
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Daniel Jackson,
Defendant-Appellant.
JUDGMENT AND SENTENCES 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. 10CA1546
Adams County District Court No. 09CV627
Honorable C. Scott Crabtree, Judge
Lynnette Castillo,
Plaintiff-Appellant,
v.
Auto-Owners Insurance Company,
Defendant-Appellee.
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. 10CA1975
Larimer County District Court No. 06CR1548
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randal David Ankeney,
Defendant-Appellant.
ORDERS 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. 10CA2530
City and County of Denver Juvenile Court No. 06JD630
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.W.,
Juvenile-Appellant.
JUDGMENT 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. 11CA0285
Douglas County District Court No. 10CV45
Honorable Paul A. King, Judge
Town of Parker, a Colorado home rule municipal corporation,
Plaintiff,
and
Parker Water & Sanitation District, a Colorado special district and political subdivision,
Plaintiff-Appellee,
v.
Triple M Beteilgungs-GMBH & Co. KG and Renate Nixdorf GMBH & Co. KG,
Defendants-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb and Bernard, JJ., concur
Court of Appeals No. 11CA0325
Jefferson County District Court No. 90CR1259
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven James Stephenson,
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. 11CA0430
Arapahoe County District Court No. 09CV2739
Honorable Charles M. Pratt, Judge
Marat Kudlis, individually and on behalf of the estate of M.K.; and Enely Kudlis, individually and on behalf of the estate of M.K.,
Plaintiffs-Appellants,
v.
City and County of Denver, Colorado; Officer M. Laughlin, individually and in his official capacity; Officer G. Zimmerman, individually and in his official capacity; and County Sheriff of the City and County of Denver, Colorado, individually and in his official capacity,
Defendants-Appellees.
JUDGMENT 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. 11CA0495
Jefferson County District Court No. 10CV5160
Honorable Jane A. Tidball, Judge
Timothy Joseph Rappl,
Plaintiff-Appellant,
v.
Judge Charles T. Hoppin, Jefferson County Court,
Defendant-Appellee.
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. 11CA0606
El Paso County District Court No. 10CV226
Honorable Timothy J. Schultz, Judge
Mark Bogacz,
Plaintiff-Appellant,
v.
Director, Colorado Department of Corrections; and Warden, Cheyenne Mountain Re-Entry Center,
Defendants-Appellees.
JUDGMENT 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. 11CA0692
Morgan County District Court No. 09CV267
Honorable Douglas R. Vannoy, Judge
Richard Alan Lechman,
Petitioner-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Respondent-Appellee.
ORDER REVERSED 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. 11CA1054
El Paso County District Court No. 10JV851
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.G., Z.G., A.G, Children,
and Concerning S.G.,
Respondent-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. 11CA1202
Arapahoe County District Court No. 87CR380
Honorable Gerald J. Rafferty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur James Moore,
Defendant-Appellant.
ORDER 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. 11CA1972
Arapahoe County District Court No. 02CR2132
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Yoobang Kim,
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. 11CA1998
El Paso County District Court No. 97CR2521
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven R. Wilson,
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. 11CA2058
Larimer County District Court No. 09JV582
Honorable Julie K. Field, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.G., M.G., S.E.G., and S.A.G., Children,
and Concerning C.G.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Rothenberg* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2196
Arapahoe County District Court No. 10JV997
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.B., J.M., and N.B., Children,
and Concerning G.W.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division B
Opinion by JUDGE VOGT*
Davidson, C.J. and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2330
Pueblo County District Court No. 11MH278
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Brandon Martinez,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FURMAN
Webb and Russel, JJ., concur
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.