ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JUNE 14, 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. 07CA2089
Arapahoe County District Court No. 03CR2212
Honorable J. Mark Hannen, Judge
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Ruiz,
Defendant-Appellant.
SENTENCE AFFIRMED
Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 07CA2090
Arapahoe County District Court No. 04CR1892
Honorable Marilyn L. Antrim, Judge
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ramon Ruiz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1040
Jefferson County District Court No. 08CR1259
Honorable Margie L. Enquist, Judge
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Russell Thomas Kelim,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE ROMán
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0315
Weld County District Court No. 05CR1382
Honorable James F. Hartmann, Judge
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raymond Michael Cook,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0829
Pueblo County District Court No. 08CR87
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donaciano Rayos-Rodriguez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1133
Arapahoe County District Court No. 07CR1900
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Janell Johnson-Carolina,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur
Court of Appeals No. 10CA1144
Adams County District Court No. 99CR1764
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Sebastian Carbonell,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1191
Las Animas County District Court No. 03CR150
Honorable Leslie J. Gerbracht, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Paul Michael Romero,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BOORAS
Graham, J., concurs
Carparelli, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1364
La Plata County District Court No. 09CR385
Honorable David L. Dickinson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel J. Smith,
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. 10CA1609
City and County of Denver District Court No. 09CR2514
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime G. Fredricks,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Carparelli and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1855
Mesa County District Court No. 04CR441
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn Troy Kontour,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1927
Kit Carson County District Court No. 06CR9
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ruth Ann Enz,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1982
City and County of Denver District Court No. 07CV5427
Honorable Michael A. Martinez, Judge
Leela European Café, LLC; Ronen Ben-Ari; Tarantula Billiard Café, Inc.; and Amnon Ben-Ari,
Plaintiffs-Appellants and Cross-Appellees,
v.
M.C. Williams & Associates, Attorneys at Law, LLC,
Defendant-Appellee and Cross-Appellant,
and
The Posner Law Firm and Steven C. Posner,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
Court of Appeals No. 11CA0069
El Paso County District Court No. 99CR1475
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reginald Keith Reed,
Defendant-Appellant.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA0256
Adams County District Court No. 09CR3330
Honorable John Edward Popovich, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jared Mark VanDamme,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROMán
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0450
Adams County District Court No. 02CR2048
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Juan Velasquez,
Defendant-Appellant.
ORDER 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. 11CA0591
Eagle County District Court No. 08DR117
Honorable Russell H. Granger, Judge
In re the Marriage of
Rose Corenman,
Appellee,
and
Donald Corenman,
Appellant.
JUDGMENT AFFIRMED IN PART AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Booras and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0796
Adams County District Court No. 08CR1149
Honorable John T. Bryan, Judge
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jacob John Lahr,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1026
Jefferson County District Court No. 10JD765
Honorable Christie B. Phillips, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.F.,
Juvenile-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. 11CA1406
Jefferson County District Court No. 11CV2041
Honorable Tamara S. Russell, Judge
Federal National Mortgage Association,
Plaintiff-Appellee,
v.
Janice Russell,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1482
El Paso County District Court No. 96CR4402
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Allen Delacruz-Olano,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1557
Adams County District Court No. 10CR1201
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dominick Joseph Romero,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1677
Boulder County District Court No. 93CR1113
Honorable D.D. Mallard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kurt William Preuss,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE CARPARELLI
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1696
Industrial Claim Appeals Office of the State of Colorado
W.C. No. 4-608-694
Leonard Flores,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Evraz, N.A., d/b/a CF&I Steel, L.P., d/b/a/ Rocky Mountain Steel Mills; and Continental Casualty Co.,
Respondents.
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. 11CA1734
El Paso County District Court No. 05DR439
Honorable Theresa M. Cisneros, Judge
In re the Marriage of
Debra Ann Speights,
Appellee,
and
Steven Kirt Speights,
Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE ROTHENBERG*
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1846
Gilpin County District Court No. 10CR93
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory Walter Bakke,
Defendant-Appellant.
SENTENCE AFFIRMED
Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J. and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1855
El Paso County District Court No. 11DR2124
Honorable Michael P. McHenry, Judge
In re the Marriage of
Gary Norman,
Appellee,
and
Elizabeth Wojdacz,
Appellant.
APPEAL DISMISSED IN PART AND JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1891
Montrose County District Court No. 11CV195
Honorable James W. Schum, Judge
Toni Anders,
Plaintiff-Appellant,
v.
Montrose County School District RE-1J and Board of Education of Montrose County School District RE-1J,
Defendants-Appellees.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2181
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-674-208
Dianne L. Coxen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Laidlaw Transit, Inc.; and Insurance Company of the State of Pennsylvania,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
Court of Appeals No. 11CA2629
Mesa County District Court No. 10JV166
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.P., Child,
and concerning B.D.,
Respondent-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. 12CA0127
Pueblo County District Court No. 11JV183
Honorable Deborah Rene Eyler, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.R., a Child,
and Concerning C.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE GRAHAM
Casebolt and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0384
Adams County District Court No. 10JV131
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.G. III, Child,
and Concerning S.J. and R.G.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0474
Industrial Claim Appeals Office of the State of Colorado
DD No. 29082-2011
Ryan S. Rivard,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and InPwr, Inc.,
Respondents.
ORDER 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. 12CA0476
Weld County District Court No. 10JV389
Honorable Dinsmore Tuttle, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.R. and T.R., Children,
and Concerning D.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Casebolt and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0498
Industrial Claim Appeals Office of the State of Colorado
DD No. 28435-2011
Marie Rael,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and CCA of Tennessee, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMÁN
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0527
Industrial Claim Appeals Office of the State of Colorado
DD No. 30550-2011
Lisa L. Baber,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Market at Mountain Village,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Román and Gabriel, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0675
Pueblo County District Court No. 12MH82
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Lucas Quinn Chavez,
Respondent-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román 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. 09CA0781
Fremont County District Court No. 08CR37
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Craig Arthur Douglas, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA2365
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Dominic Avila,
Defendant-Appellant.
Petition for Rehearing DENIED
Bernard, J., would GRANT
Court of Appeals No. 10CA0333
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Bartolo Mendoza, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2094
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Rudnick,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0763
Capital One Bank (USA) N.A.,
Plaintiff-Appellee,
v.
Richard Dreher,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1527
Gayle A. Weinstein,
Plaintiff-Appellant,
v.
Denver Employees Retirement Plan,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2162
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Larry Moore,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2505
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C.D., a Child,
and Concerning F.D.,
Respondent-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.