ANNOUNCEMENTS
COLORADO COURT OF APPEALS
May 3, 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. 08CA2167
City and County of Denver District Court No. 07CR5498
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Horacio Mejia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE TERRY
Gabriel and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2201
El Paso County District Court No. 08CR2576
Honorable J. Patrick Kelly, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jessi L. Raczykowski,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE TERRY
Gabriel and Marquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2250
Weld County District Court No. 09CR17
Honorable James F. Hartmann, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Armando Marquez-Gonzalez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2757
City and County of Denver District Court No. 08CR561
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alexis R. Ortiz,
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. 10CA0212
Gilpin County District Court No. 97CR3
Honorable Jack W. Berryhill, Judge
Honorable Henry Nieto, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn E. Childs,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE GABRIEL
Terry and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0319
Adams County District Court No. 08CR3203
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Flores,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GABRIEL
Terry and Márquez*, JJ., concur
Court of Appeals No. 10CA0691
Jefferson County District Court No. 09CR1314
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Chanel Renee Butts,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE Márquez*
Terry and Gabriel JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1062
El Paso County District Court No. 09CR1232
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tim Fogle,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE Márquez*
Terry and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1640
Weld County District Court No. 09CR2014
Honorable Dinsmore Tuttle, Judge
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
L.C. Williams, Jr.,
Defendant-Appellant.
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. 10CA1722
Adams County District Court No. 03CR3413
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eldridge Jarmon, Jr.,
Defendant-Appellant.
ORDER 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. 10CA1784
Larimer County District Court No. 09CR1188
Honorable Terrence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Frank Francis Meyers,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
Court of Appeals No. 10CA2244
Grand County District Court No. 09CR145
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ryan C. Baumberger,
Defendant-Appellant.
JUDGMENT AFFIRMED 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 Nos. 11CA0064 & 11CA0202
Office of Administrative Courts of the State of Colorado
Case No. OS 2010-0009
Colorado Ethics Watch,
Complainant-Appellant and Cross-Appellee,
v.
Clear the Bench Colorado,
Respondent-Appellee and Cross-Appellant,
and
Office of Administrative Courts,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0094
El Paso County District Court No. 09CV6837
Honorable Timothy J. Schutz, Judge
C&C Excavating, Inc. and Earth Contractors, Inc.,
Plaintiffs-Appellants and Cross-Appellees,
v.
Richard C. Whaley,
Defendant-Appellee and Cross-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. 11CA0456
City and County of Denver District Court No. 00CR2934
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Van Ivan Thompson,
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. 11CA0576
City and County of Denver District Court No. 98CR1295
Honorable J. Stephen Phillips, Judge
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Major Vann,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division B
Roy, Loeb, and Lichtenstein, JJ.
PER CURIAM
Court of Appeals No. 11CA0749
Adams County District Court No. 09CR3450
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vernold Lee Harrell,
Defendant-Appellant.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE J. JONES
Casebolt, J., concurs
Hawthorne, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0901
El Paso County District Court No. 02DR3874
Honorable Barney Iuppa, Judge
In re the Marriage of
Peggy L. Weber,
Appellee,
and
Daniel Charles Weber,
Appellant.
ORDERS 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. 11CA1012
Fremont County District Court No. 07CR731
Honorable Valerie Jo Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Vigil,
Defendant-Appellant.
ORDER AFFIRMED
Division B
Roy, Loeb, and Lichtenstein, JJ.
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1383
Arapahoe County District Court No. 10CV734
Honorable J. Mark Hannen, Judge
First American State Bank,
Plaintiff-Appellee,
v.
Mahinder Bajaj,
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. 11CA1546
El Paso County District Court No. 10JA280
Honorable David L. Shakes, Judge
In the Matter of the Petition of J.A.B.,
Petitioner-Appellee,
for the Adoption of S.T.W., a Child,
and Concerning A.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Kapelke* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1758
Jefferson County District Court No. 07DR397
Honorable Christopher J. Munch, Judge
In re the Marriage of
Marcia F. Loomas, n/k/a Marcia Freeman,
Appellee,
and
Robert N. Loomas, Jr.,
Appellant.
ORDER AFFIRMED
Division A
Opinion by JUDGE KAPELKE*
Davidson, C.J. and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2238
Industrial Claim Appeals Office of the State of Colorado
DD No. 18262-2011
Jeani K. Sanderson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Hospice of Saint John,
Respondents.
ORDER AFFIRMED
Division C
Taubman, Richman, Miller, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2380
Larimer County District Court No. 10JV418
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.H., a Child,
and Concerning J.E.H.,
Respondent-Appellant
and
T.H.,
Appellee.
ORDERS REVERSED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERNARD
Loeb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2531
City and County of Denver District Court No. 94CR578
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Mandel Winkler,
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. 11CA2601
Adams County District Court No. 10JV448
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.F. and T.L.F., Children,
and Concerning S.F. and S.W.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0019
Industrial Claim Appeals Office of the State of Colorado
DD No. 5822-2011
Loree K. Eatherton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Adams County School District No. 14,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE VOGT*
Davidson, C.J. and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0220
Pueblo County District Court No. 11MH34
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Lee A. DuBois,
Respondent-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE J. JONES
Casebolt and Hawthorne, 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. 10CA1373
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Douglas Hugh Chadwick,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0315
Shellie Glynn Blaco,
Plaintiff-Appellant,
v.
The Colorado Department of Revenue, Division of Motor Vehicles,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0531
Oloyea D. Wallin,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections; and Warden of the Colorado Territorial Correctional Facility,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0943
William Joseph Wegrich,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its executive director, Roxie Huber,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1068
Shawn Mandel Winkler,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Sterling Correctional Facility,
Defendants-Appellees.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1495
Town of Johnstown, Colorado, a Colorado home rule municipality,
Petitioner-Appellee,
v.
Ivar W. Larson and Donna M. Larson,
Respondents-Appellants.
Petition for Rehearing DENIED
J. Jones, J. would GRANT
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1982
Charles M. Meyers,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Echosphere, LLC,
Respondents.
Petition for Rehearing DENIED
Webb, J., would GRANT
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.