ANNOUNCEMENTS
COLORADO COURT OF APPEALS
April 5, 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. 07CA1348
Jefferson County District Court No. 06CR2954
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Joseph Evans,
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. 08CA1291
El Paso County District Court No. 06CR1048
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jereme Lamberth,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FURMAN
Russel and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2442
Mesa County District Court No. 07CR851
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Edward Butler,
Defendant-Appellant.
JUDGMENT 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. 09CA0365
Fremont County District Court No. 08CR51
Honorable Thomas W. Ossola, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eduardo Gallegos-Reyes,
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. 09CA2391
Boulder County District Court No. 00CR1845
Honorable Roxanne Bailin, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zachary Redfearne,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE MILLER
Román and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0770
City and County of Denver District Court Nos. 06CR428 & 06CR2983
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Yuri Bejarano,
Defendant-Appellant.
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. 10CA1069
Pueblo County District Court No. 07CV1349
Honorable Larry C. Schwartz, Judge
David A. Hiner and Deelila A. Quick,
Plaintiffs-Appellants,
v.
Bruce Johnson, M.D.; Michael King, M.D.; and P. Mark Rickman, M.D.,
Defendants-Appellees.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE LICHTENSTEIN
Loeb, J., concurs
Bernard, J., specially concurs
Court of Appeals No. 10CA1157
Morgan County District Court No. 06CV162
Honorable Kevin L. Hoyer, Judge
Board of County Commissioners of the County of Morgan, State of Colorado,
Plaintiff-Appellee,
v.
Elmer Kobobel and Mariam Kobobel,
Defendants-Appellants.
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. 10CA1550
Jefferson County District Court No. 05CR2621
Honorable Jack Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jack Torres,
Defendant-Appellant.
order affirmed
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 10CA1562 & 11CA0509
Larimer County District Court No. 04CV2483
Honorable Dave Williams, Judge
Stephen P. Castle and Linda M. Castle,
Plaintiffs-Appellants,
v.
LT Builders, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1580
Pitkin County District Court No. 08CV44
Honorable Denise K. Lynch, Judge
Mark Alan Kittle,
Plaintiff-Appellant,
v.
St. Jude’s Company, a Colorado general partnership,
Defendant-Appellee.
JUDGMENT VACATED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE FURMAN
Carparelli and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2239
Adams County District Court No. 05CR3749
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Valene Renee Ferri,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2348
Arapahoe County District Court No. 08DR2790
Honorable Robert H. Russell, Judge
In re the Marriage of
Ruben Tracy Mackintosh,
Appellee,
and
Lara Mackintosh,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
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. 10CA2404
Larimer County District Court No. 09CR514
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Lindsay Butler,
Defendant-Appellant.
JUDGMENT VACATED 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. 10CA2405
Larimer County District Court No. 06CR1632
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Lindsay Butler,
Defendant-Appellant.
ORDER REVERSED 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. 10CA2494
Arapahoe County District Court No. 04CR2163
Honorable J. Mark Hannen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Antowyn Tyree Bolling,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FURMAN
Webb and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2623
Adams County District Court No. 09CR933
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dervin Leru Taylor,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED IN
PART, AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0061
San Juan County District Court No. 09CV3
Honorable Gregory G. Lyman, Judge
Todd C. Hennis; San Juan Corporation, a Colorado corporation; and Salem Minerals, Inc., a Colorado corporation,
Plaintiffs-Appellees,
v.
Colorado Goldfields, Inc., a Nevada corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED, ORDER VACATED,
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. 11CA0133
Weld County District Court No. 06DR635
Honorable Julie C. Hoskins, Judge
In re the Marriage of
Laura M. Ruppel, f/k/a Laura Nichols,
Appellee,
and
Curran P. Nichols,
Appellant.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Graham and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0137
Pitkin County District Court No. 05CR64
Honorable James B. Boyd, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Oscar Castaneda-Zelaya,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE DAILEY
Fox, J., concurs
Taubman, J., dissents
Court of Appeals No. 11CA0236
Jefferson County District Court No. 08CV1203
Honorable Margie L. Enquist, Judge
Robert Todaro and Tomson’s Construction,
Plaintiffs-Appellees,
v.
General Steel Domestic Sales, LLC, d/b/a General Steel; Capital Steel Industries, LLC, d/b/a Capital Steel; Jeffrey Knight; Jonah Goldman; Megan Nylander; Steven Paige; and Luke Boddy,
Defendants-Appellants.
ORDER VACATED
Division A
Opinion by JUDGE WEBB
Davidson, C.J., and Taubman, J., concur
Court of Appeals No. 11CA0361
Arapahoe County District Court No. 07CV1040
Honorable Charles M. Pratt, Judge
First American Title Insurance Company,
Plaintiff-Appellee and Cross-Appellant,
v.
Mile High Investors, LLC; and Jeffrey D. Lavenhar,
Third-Party Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0502
Boulder County District Court No. 10CV375
Honorable Lael E. Montgomery, Judge
Barbara K. Brown, Ph.D.; and Karen A. Hammer,
Plaintiffs-Appellants,
v.
Rabbi Joshua Adam Rose; Rabbi Deborah Ruth Bronstein; and Congregation Har Hashem, a Colorado corporation,
Defendants-Appellees.
JUDGMENT 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. 11CA0853
Jefferson County District Court No. 07DR336
Honorable R. Brooke Jackson, Judge
In re the Marriage of
Gary L. Snyder,
Appellant,
and
Janice J. Snyder
Appellee,
and Concerning Jefferson County Department of Human Services,
Intervenor.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0859
City and County of Denver District Court No. 09CV10140
Honorable A. Bruce Jones, Judge
Honorable John W. Madden, IV, Judge
John Toney and Valerie Toney,
Plaintiffs-Appellants,
v.
Douglas Leo Romero and Law Offices of Douglas L. Romero,
Defendants-Appellees.
ORDER AND JUDGMENT AFFIRMED
Division I
Opinion by JUDGE NEY*
Taubman and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0906
El Paso County District Court No. 06DR3465
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Diane Mary Hamilton, f/k/a Diane Hamilton Stumpe,
Appellee,
and
William E. Stumpe,
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. 11CA0907
Jefferson County District Court No. 06DR867
Honorable John L. Livingston, Judge
In re the Marriage of
Julie L. Rose-Boelsterli,
Appellee,
and
James Davis,
Appellant.
ORDER VACATED IN PART, AFFIRMED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0937
Garfield County District Court No. 07CV224
Honorable Gail H. Nichols, Judge
James Bailey, Nancy Bailey, Rhonda Busch-Morgan, Ronald Morgan, Gary Galloway, Judith Galloway, John Gorton, Karla Gorton, Howard Dwight Sanders, Linda Sanders, Robert Cordova, Carolyn Cordova, Tim Fink, Bruce Albert Berner, Barbara Filippone, Summer Haeske, and Francis Leintz,
Plaintiffs-Appellants,
v.
Henry Thomas Willison, individually; Linda Willison, individually; William Thompson, individually; Patricia Thompson, individually; Valley Commercial Plaza VCP 1, LLC, d/b/a Valley Commercial Plaza; and Crystal Property Management,
Defendants-Appellees.
ORDER AFFIRMED IN PART, VACATED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Russel and Furman, JJ., concur
Court of Appeals No. 11CA1240
Arapahoe County District Court No. 10CV309
Honorable Michael J. Spear, Judge
Marcella A. Herrera,
Plaintiff-Appellee,
v.
Diana L. Gendron,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2098
Weld County District Court No. 10JV416
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.D., a Child,
and Concerning S.D.,
Respondent-Appellant.
JUDGMENT Affirmed
Division III
Opinion by JUDGE ROY
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2307
City and County of Denver Juvenile Court No. 10JV1538
Honorable Frank Plaut, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.G.N., Jr., a Child,
and Concerning S.G.N.,
Respondent-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. 11CA2387
Arapahoe County District Court No. 07CR1856
Honorable Michael Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jacob Boyice,
Defendant-Appellant.
ORDER AFFIRMED, APPEAL DISMISSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division B
Casebolt, Webb, and Booras, 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. 07CA0561
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Keith Ray,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 07CA1867
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.D.K.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1008
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allen J. Wesson,
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.