ANNOUNCEMENTS

COLORADO COURT OF APPEALS

April 19, 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. 09CA2530

El Paso County District Court No. 03CR2836

Honorable John L. Wheeler, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Demetrius Eugene White,

Defendant-Appellant.

JUDGMENTS AFFIRMED

Division I

Opinion by JUDGE ROTHENBERG*

Taubman and Fox, JJ., concur

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

Court of Appeals No. 09CA2727

Adams County District Court No. 96CR1640

Honorable F. Michael Goodbee, Judge

Honorable Chris Melonakis, Judge

Honorable C. Vincent Phelps, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael John Fisher,

Defendant-Appellant.

ORDERS AFFIRMED

Division V

Opinion by JUDGE VOGT*

Graham and Carparelli, JJ., concur

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

Court of Appeals No. 10CA0478

Weld County District Court No. 09CR830

Honorable Dinsmore Tuttle, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Elliott Paul Keith,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Graham and Booras, JJ., concur

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

Court of Appeals No. 10CA1048

Moffat County District Court No. 09CR52

Honorable Michael A. O’Hara, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Clarence Merrick,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE FOX

Taubman and Rothenberg*, JJ., concur

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

Court of Appeals No. 10CA1373

El Paso County District Court No. 09CR3851

Honorable Thomas L. Kennedy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Douglas Hugh Chadwick,

Defendant-Appellant.

JUDGMENT AFFIRMED, SENTENCE AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by CHIEF JUDGE DAVIDSON

Sternberg* and Plank*, JJ., concur

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

Court of Appeals No. 10CA2003

City and County of Denver District Court No. 09CR10467

Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Aaron Joel Puller,

Defendant,

and Concerning Paul Baca,

Appellant.

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. 10CA2094

City and County of Denver District Court No. 91CR2236

Honorable Robert L. McGahey, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Rudnick,

Defendant-Appellant.

ORDER 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. 10CA2326

City and County of Denver District Court No. 98CR2048

Honorable Robert L. McGahey, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roy Rios,

Defendant-Appellant.

Order Affirmed

Division B 

Roy, Loeb, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2376

Mesa County District Court No. 03CR843

Honorable Richard T. Gurley, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marion H. Johnson,

Defendant-Appellant.

ORDER 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. 10CA2496

Logan County District Court No. 10CV76

Honorable Kevin L. Hoyer, Judge

Noe Antonio Carrillo-Franco,

Plaintiff-Appellant,

v.

Becky R. Lucero, Chairman of the Colorado Board of Parole,

Defendant-Appellee.

ORDER 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. 10CA2568

Adams County District Court No. 08CR153

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Martiniano Trevizo-Estrada,

Defendant-Appellant.

Order Vacated and Case

remanded WITH DIRECTIONS

Division B 

Roy, Loeb, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 10CA2615

Boulder County District Court No. 10CR465

Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jesus Vega-Flores,

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. 11CA0060

Prowers County District Court No. 10DR47

Honorable Stanley A. Brinkley, Judge

In re the Parental Responsibilities of

Carie A. Hawkins,

Appellant,

and

Angelo E. Valdez,

Appellee.

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. 11CA0488

Boulder County District Court No. 94JV57

Honorable Maria E. Berkenkotter, Judge

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

and Concerning Matthew Laux,

Petitioner-Appellee,

and

Darine Chely,

Respondent-Appellant.

Order affirmed and case

remanded with directionS

Division III

Opinion by JUDGE ROY

Terry and Gabriel, JJ., concur

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

Court of Appeals No. 11CA0636

Garfield County District Court No. 09CV348

Honorable J. Steven Patrick, Judge

Oz Architecture of Denver, Inc., a Colorado corporation,

Plaintiff-Appellant,

and

V3 Companies of Colorado, Ltd., a Colorado corporation,

Defendant-Appellant,

v.

Freedman-Glenwood Meadows, LLC; Alpine Bank, Colorado banking corporation; and MJF Associates, LLC, a Colorado limited liability company,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE ROMÁN

Márquez* and Kapelke*, JJ., concur

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

Court of Appeals No. 11CA0763

Douglas County District Court No. 09CV3872

Honorable Richard B. Caschette, Judge

Capital One Bank (USA) N.A.,

Plaintiff-Appellee,

v.

Richard Dreher,

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. 11CA0799

Arapahoe County District Court No. 05CR20

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffery David King,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division B

Roy, Loeb, and Lichtenstein, JJ.

PER CURIAM

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

Court of Appeals No. 11CA0827

El Paso County District Court No. 99CR1001

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Veryl Bruce Scaife,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE CARPARELLI

Graham and Booras, JJ., concur

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

Court of Appeals No. 11CA1059

El Paso County District Court No. 10CV1740

Honorable Barbara L. Hughes, Judge

Sheila Bates,

Plaintiff-Appellant,

v.

Joyce Crawford,

Defendant-Appellee.

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. 11CA1294

City and County of Denver District Court No. 09CR10451

Honorable Edward D. Bronfin, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Blake Anthony Patton,

Defendant-Appellant.

ORDER 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. 11CA1395

Jefferson County District Court No. 10JD1044

Honorable Brian D. Boatright, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of N.A.W.,

Juvenile-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. 11CA1599

City and County of Denver District Court No. 10CV6506

Honorable Michael A. Martinez, Judge

Abbasher Saeed,

Plaintiff-Appellant,

v.

Old Republic Insurance Company,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE CASEBOLT

Hawthorne, J., concurs

J. Jones, J., dissents

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

Court of Appeals No. 12CA0025

City and County of Denver Juvenile Court 10JV1696

Honorable D. Brett Woods, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of A.D.V., a Child,

and Concerning A.V.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division A

Opinion by JUDGE PLANK*

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

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

Court of Appeals No. 12CA0079

Industrial Claim Appeals Office of the State of Colorado

DD No. 12635-2011

Bengie L. Towers,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Caterpillar, Inc.,

Respondents.

ORDER AFFIRMED

Division A

Opinion by JUDGE STERNBERG*

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

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

Court of Appeals No. 12CA0221

Pueblo County District Court No. 12MH14

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Dennis Ray Barefoot,

Respondent-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. 12CA0230

Pueblo County District Court No. 12MH22

Honorable Dennis Maes, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Catherine Ann Stephens,

Respondent-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LICHTENSTEIN

Loeb and Bernard, 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. 09CA1542

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Marshall Dylan James,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2251

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jackie Dwayne Whitaker,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 09CA2664

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Geoffrey Cleo Taylor,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1145

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Anthony Dean Daniels,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1419

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joseph Daniel Jackson,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA1639

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Larry Louis Gray,

Defendant-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA2530

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of P.W.,

Juvenile-Appellant.

Petition for Rehearing DENIED

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

Court of Appeals No. 10CA2593

Delores Risberg,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and King Soopers,

Respondents.

Opinion Modified and

Petition for Rehearing DENIED

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

Court of Appeals No. 11CA0367

IBM Corporation, a foreign corporation,

Plaintiff-Appellant,

v.

City of Golden, a Colorado municipal corporation,

Defendant-Appellee.

Opinion Modified and Petition

for Rehearing DENIED

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

Court of Appeals No. 11CA0493

In re the Marriage of

David Keiser,

Appellee,

and

Lisa Keiser,

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.