ANNOUNCEMENTS
COLORADO COURT OF APPEALS
March 8, 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.
Click on the case number to view published and modified published opinions.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 06CA2229
Arapahoe County District Court No. 00CR887
Honorable John P. Leopold, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Kenneth Simon,
Defendant-Appellant.
SENTENCE AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Roy and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1587
City and County of Denver District Court No. 07CR2494
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Straub,
Defendant-Appellant.
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. 08CA1937
Weld County District Court No. 00CR64
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Wayne Helton,
Defendant-Appellant.
ORDER 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. 08CA2441
City and County of Denver District Court No. 04CR4833
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Jake Chavez, Jr.,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMán
Richman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0136
Adams County District Court No. 07CR2498
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Yvonne Marie Gothard,
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. 09CA1139
Pueblo County District Court No. 07CR1915
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Maximo Daniel Ramos,
Defendant-Appellant.
JUDGMENT 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. 09CA1399
Pueblo County District Court No. 08CR901
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Theresa Jennifer Padilla,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Nieto*, J., concurs
Loeb, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1941
Clear Creek County District Court Nos. 08CR45 & 08CR51
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Lee McClure,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1961
City and County of Denver District Court No. 06CR5389
Honorable Michael A. Martinez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel G. Morales,
Defendant-Appellant.
JUDGMENT AND SENTENCE VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1487
City and County of Denver District Court No. 09CR10267
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Saul Anaya,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2294
El Paso County District Court No. 09CR2858
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence Gabriel Dayan,
Defendant-Appellant.
JUDGEMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
Court of Appeals No. 10CA2596
Jefferson County District Court No. 09DR465
Honorable Randall C. Arp, Judge
In re the Marriage of
Laurie P. Sheppard,
Appellant,
v.
Frank C. Sheppard, III,
Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Carparelli and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0209
Routt County District Court No. 09CV270
Honorable Michael A. O’Hara, Judge
Connell Resources, Inc., a Colorado corporation,
Plaintiff-Appellant,
v.
Routt County, Colorado, a Colorado county,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Loeb and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0359
El Paso County District Court No. 09CV4374
Honorable Gregory R. Werner, Judge
Keith Kolln,
Plaintiff-Appellant,
v.
Eric N. Wyatt, individually and d/b/a Action Excavating & Landscaping, Inc., a/k/a Action Excavating & Utilities, Inc., a/k/a Action Excavating Asphalt & Concrete Company,
Defendant-Appellee.
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. 11CA0367
Jefferson County District Court No. 09CV2430
Honorable Margie Enquist, Judge
Honorable Tamara S. Russell, Judge
IBM Corporation, a foreign corporation,
Plaintiff-Appellant,
v.
City of Golden, a Colorado municipal corporation,
Defendant-Appellee.
JUDGMENT AND ORDER 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. 11CA0484
Ouray County District Court No. 09DR39
Honorable J. Steven Patrick, Judge
In re the Marriage of
Catherine West Kent,
Appellant,
and
Joshua Shaw Kent,
Appellee.
JUDGMENT AFFIRMED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FOX
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0590
Fremont County District Court No. 08CV264
Honorable David M. Thorson, Judge
American Express Centurion Bank, a/k/a American Express Bank, F.S.B.,
Plaintiff-Appellant,
v.
Frank Heuett,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0735
City and County of Denver District Court No. 04CR4905
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Malone,
Defendant-Appellant.
ORDERS AFFIRMED
Division B
Casebolt, J. Jones, and Booras, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0903
Weld County District Court No. 09CV801
Honorable Elizabeth Strobel, Judge
Darrell Erickson, d/b/a Erickson Construction,
Plaintiff-Appellant,
v.
Timothy R. Stadem and Beth H. Stadem,
Defendants-Appellees.
JUDGMENTS AND ORDER AFFIRMED
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1965
Industrial Claim Appeals Office of the State of Colorado
DD No. 10601-2011
Paul A. Silli,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Pinnacle Charter School, Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Ney*, J., 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. 11CA0587
Joyce B. Martinez,
Plaintiff-Appellant,
v.
ProBuilders Specialty Insurance Company, RRG,
Garnishee-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1202
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arthur Moore,
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.