ANNOUNCEMENTS
COLORADO COURT OF APPEALS
NOVEMBER 29, 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. 09CA0876
Jefferson County District Court No. 08CR433
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Alfonso Vazquez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0975
Douglas County District Court No. 05CR337
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Melvin L. Bomprezzi,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Roy, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1325
Boulder County District Court No. 07CR918
Honorable Lael Elisabeth Montgomery, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alexander Midyette,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2020
Adams County District Court No. 08CR3407
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Duane Stunes,
Defendant-Appellant.
Judgment affirmed
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0499
Adams County District Court No. 08CR3341
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicky Allen Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
Terry and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1583
Arapahoe County District Court No. 02CR2967
Honorable James F. Macrum, Judge
Honorable Valeria N. Spencer, Judge
Honorable Kurt A. Horton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Bruce Young,
Defendant-Appellant.
SENTENCE AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2137
Adams County District Court No. 09CR3874
Honorable Francis C. Wasserman, Judge
Honorable C. Vincent Phelps, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Manuel Castro Palomo,
Defendant-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMán
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0803
City and County of Denver District Court No. 09CR2055
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tatianna Manon-Davis,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1260
Arapahoe County District Court No. 10DR2251
Honorable F. Stephen Collins, Judge
In re the Marriage of
Felicia Galyas,
Appellee,
and
Joseph Galyas,
Appellant.
Judgment affirmed
Division IV
Opinion by JUDGE TERRY
Graham and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1268
Adams County District Court No. 10CR1047
Honorable Francis C. Wasserman, Judge
Honorable Patrick Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Danny Russell Cook,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Kapelke* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1429
Arapahoe County District Court No. 02CR2636
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
DeWayne Lowery,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1704
Mesa County District Court No. 07CR921
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ellery R. Emert,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NIETO*
Gabriel and Kapelke*, JJ., concur
Court of Appeals No. 11CA1928
Montezuma County District Court No. 09CV164
Honorable Todd Jay Plewe, Judge
Deutsche Bank National Trust Co., as Trustee for Long Beach Mortgage Trust 2005-1,
Plaintiff-Appellee,
v.
Robert P. Riggert and Marian C. Riggert,
Defendants-Appellants.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1970
Larimer County District Court No. 08CR665
Honorable Stephen E. Howard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Stogsdill,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
Court of Appeals Nos. 11CA2118 & 11CA2298
Boulder County District Court No. 07CV1055
Honorable Lael Montgomery, Judge
Honorable James C. Klein, Judge
Donna Coupard LaLiberte,
Plaintiff-Appellee,
v.
Westfield Insurance Company,
Garnishee-Appellant.
JUDGMENT AND ORDERS AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2368
Logan County District Court No. 10CV148
Honorable Charles M. Hobbs, Judge
Steve Stilling,
Plaintiff-Appellant,
v.
Executive Director of CDOC and Warden of Sterling Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2400
Adams County District Court No. 10CV867
Honorable Edward C. Moss, Judge
Jon Delacastro,
Plaintiff-Appellant,
v.
American Family Mutual Insurance Company,
Defendant-Appellee.
JUDGMENT AND ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2642
Costilla County District Court No. 10CV28
Honorable Pattie P. Swift, Judge
Timothy Richard Cobb,
Plaintiff-Appellant,
v.
Gilbert Martinez, individually and in his capacity as Costilla County Sheriff,
Defendant-Appellee.
APPEAL DISMISSED IN PART
AND JUDGMENT REVERSED IN PART
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0023
Arapahoe County District Court No. 08DR1113
Honorable F. Stephen Collins, Judge
In re the Marriage of
Luann Erickson,
Appellant,
and
Randall L. Erickson,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0124
Boulder County District Court No. 11CV550
Honorable James C. Klein, Judge
Michael T. Voorhees,
Plaintiff-Appellant,
v.
University of Colorado; Trent Yang, in his capacity as Entrepreneurship & Business Development Director at the Renewable and Sustainable Energy Institute and employee of the University of Colorado; and David Allen, in his capacity as CU Associate Vice President and employee of the University of Colorado,
Defendants,
and
Jean N. Koster, in his capacity as a Professor and employee of the University of Colorado; Louis Stodieck, in his capacity as Center Director of Bio-Serve Space Technologies and employee of the University of Colorado; and David Klaus, in his capacity as Associate Director, Research at Bio-Serve Space Technologies and employee of the University of Colorado,
Defendants-Appellees.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0594
Adams County District Court No. 11DR671
Honorable Laurie Clark, Magistrate
In re the Marriage of
Ranjeet Singh,
Appellant,
and
Rajwinder Kaur,
Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NIETO*
Gabriel and Kapelke*, JJ., concur
Court of Appeals No. 12CA1104
Industrial Claim Appeals Office of the State of Colorado
DD No. 3329-2012
Linda D. Baca,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and GSO Investments, LLC,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1121
Weld County District Court No. 10JV756
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.J.D., a Child,
and Concerning J.V.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1316
City and County of Denver Juvenile Court No. 11JV1768
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.E.O., a Child,
and Concerning R.N.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Richman and Plank*, JJ., concur
Court of Appeals No. 12CA1444
Industrial Claim Appeals Office of the State of Colorado
DD No. 7783-2012
Vanessa Atayde Rodriguez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Jorge H. Gonzalez, d/b/a/ Amerimex Insurance,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2022
Pueblo County District Court No. 12MH272
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Makani Kenny-Hall,
Respondent-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, 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. 08CA0105
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tenarro Banks,
Defendant-Appellant.
Petitions for Rehearing DENIED
Petitions for Rehearing STRUCK
Court of Appeals No. 10CA0788
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Demetrus Wilson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA1883
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Denise Marks,
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. 2012.