ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 17, 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. 06CA1761
City and County of Denver District Court No. 05CR2056
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis Gordon Adams,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA1762
City and County of Denver District Court No. 05CR186
Honorable Shelley I. Gilman, Judge
Honorable Larry J. Naves, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Curtis Gordon Adams,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 06CA2652
Jefferson County District Court Nos. 05CR913 & 05CR1331
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph Keith Renander,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1988
Jefferson County District Court No. 96CR1128
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fermin Raymond Hinojos,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Roy and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1348
Bent County District Court Nos. 08CR16 & 08CR33
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vern Lafayette Faus,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE BOORAS
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2149
Weld County District Court No. 08CR383
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Noe Velasquez,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Miller, J., concurs
Román, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2582
Adams County District Court No. 06CR2839
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Armando Valle-Santana,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2684
Broomfield County District Court No. 07CR241
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thersa Ann Rohan,
Defendant-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. 10CA0385
Jefferson County District Court No. 09CR493
Honorable Jack W. Berryhill, Judge
Honorable Tammy K. Greene, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Blake Wayne Burnett,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0679
Weld County District Court No. 08CR2264
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Luz Miguel Melendez,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0836
Mesa County District Court No. 02CR1493
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Edgar Linton Tucker,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1569
El Paso County District Court No. 06CR1972
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Eugene Valcik,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2300
Adams County District Court No. 09CR1527
Honorable Patrick T. Murphy, Judge
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Douglas Junior Taylor,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel and Jones, J., JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2542
Weld County District Court No. 10CR344
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Trinidad Ramos,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0067
Weld County District Court No. 09CR1033
Honorable Gilbert Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Aaron Rios-Sanchez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0178
Adams County District Court No. 04CR2403
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gabriel Guzman-Torres,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Graham and Furman JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0356
City and County of Denver District Court No. 06CR7632
Honorable Robert L. McGahey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ralph Vincent Martin,
Defendant-Appellant.
SENTENCE AFFIRMED IN PART, VACATED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0513
Arapahoe County District Court No. 98CR1309
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Samer Ajoor,
Defendant-Appellant.
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0811
El Paso County District Court No. 93CR354
Honorable William B. Bain, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sammie Lee Denson,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0877
City and County of Denver District Court No. 09CV9872
Honorable Michael A. Martinez, Judge
Bloom Murr & Accomazzo, P.C.; and Joseph Murr,
Plaintiffs-Appellees,
v.
1117 Summit Trail Investors, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel and Jones, J., JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1040
Jefferson County District Court No. 05DR0349
Honorable Margie L. Enquist, Judge
In re the Marriage of
Palma Benedetta Martens,
Appellee,
and
Steven Paul Martens,
Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH INSTRUCTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1119
Industrial Claim Appeals Office of the State of Colorado
DD No. 5790-2011
Mickey A. Nichols,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Marks Furs, 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. 11CA1305
City and County of Denver District Court No. 10CV4783
Honorable R. Michael Mullins, Judge
M&R Development, LLP; Dodge Meadows; and Doug Ryder,
Plaintiffs-Appellants,
v.
Moody Insurance Agency, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA1359
Larimer County District Court No. 09PR235
Honorable Stephen J. Schapanski, Judge
In re the Estate of Frances E. Rickard, deceased,
and
Virginia Joanne Nissen,
Intervenor-Appellant,
v.
Mary Elizabeth McChesney,
Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1407
Jefferson County District Court No. 11CV283
Honorable Jack W. Berryhill, Judge
Interstate Transportation Incorporated, an Indiana corporation,
Plaintiff-Appellant,
v.
Edward Cudahy, a/k/a Edward I. Cudahy; and Specialized Motorsports, LLC, a Colorado limited liability corporation,
Defendants-Appellees.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1509
Delta County District Court No. 09CV119
Honorable J. Steven Patrick, Judge
Judith Braham,
Plaintiff-Appellant,
v.
Colin Hutto,
Defendant-Appellee.
JUDGMENT AFFIRMED
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. 11CA1512
El Paso County District Court No. 11CV1860
Honorable Michael P. McHenry, Judge
Kenneth A. Barela and A&E Management Group, Inc., d/b/a A&E Management Services, Inc., and A&E Management, Inc.,
Plaintiffs-Appellants,
v.
Rasa Krasauskiene and Ross Krasauskiene,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA2631
Teller County District Court No. 11JV4
Honorable Edward S. Colt, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.P. and H.P., Children,
and Concerning M.P.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE PLANK*
Davidson, C.J. and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0136
Industrial Claim Appeals Office of the State of Colorado
DD No. 9936-2011
Gary E. Moscinski,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Schneider National Carriers, Inc.,
Respondents.
ORDER AFFIRMED
Division C
Opinion by JUDGE RICHMAN
Miller, J, concurs
Taubman, J, dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0285
El Paso County District Court No. 12CR53
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Mark Burdine,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Plank*, JJ., concur
Court of Appeals No. 12CA0304
City and County of Denver Juvenile Court No. 10JV1729
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.J.L. and K.N.L., Children,
and Concerning G.E.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
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. 11CA0061
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.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1623
Susie Cardenas,
Plaintiff-Appellant,
v.
Jennifer Kay Cardenas,
Defendant-Appellee.
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.