ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JUNE 21, 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.
P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA1747
Court of Appeals No. 09CA2554
Jefferson County District Court No. 09CV479
Honorable Jane A. Tidball, Judge
Steve Brown,
Plaintiff-Appellant,
v.
Jefferson County School District No. R-1,
Defendant-Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE FOX
Dailey, J., concurs
Taubman, J., dissents
Court of Appeals No. 10CA1238
El Paso County District Court No. 07CV18
Honorable David S. Prince, Judge
Robert D. Gandy,
Plaintiff-Appellant,
v.
Colorado Department of Corrections; and Executive Director of the Colorado Department of Corrections,
Defendants-Appellees.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE CARPARELLI
Román and Plank*, JJ., concur
Court of Appeals No. 10CA2369
El Paso County District Court No. 09CR736
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Aaron Montanez,
Defendant-Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE DAILEY
Taubman and Fox, JJ., concur
Court of Appeals Nos. 11CA0123 & 11CA0864
El Paso County District Court No. 09CV6148
Honorable Scott A. Sells, Judge
Gene Melssen and Diane Melssen, d/b/a Melssen Construction,
Plaintiffs-Appellees,
v.
Auto-Owners Insurance Company, an insurance company licensed to conduct business in Colorado,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Dailey and Fox, JJ., concur
Court of Appeals No. 11CA0683
Arapahoe County District Court No. 09CV2597
Honorable Charles M. Pratt, Judge
Slater Numismatics, LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
Driving Force, LLC, d/b/a ANACS, a Colorado limited liability company,
Defendant-Appellee.
JUDGMENT AND ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE TERRY
Roy and Gabriel, JJ., concur
Court of Appeals No. 11CA1312
Board of Assessment Appeals No. 56142
Ellen Libbey Andrew,
Petitioner-Appellant,
v.
Teller County Board of Equalization,
Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
Court of Appeals No. 11CA1726
City and County of Denver District Court No. 10CV9053
Honorable R. Michael Mullins, Judge
Luke Schlapp, by and through his parents Todd Schlapp and Leah Schlapp,
Plaintiff-Appellant,
v.
Colorado Department of Health Care Policy and Financing, and Mesa Developmental Services,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Russel, JJ., concur
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA0354
Jefferson County District Court No. 08CR267
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dean Carbajal,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0712
Mesa County District Court No. 98CR57
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Silva,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Roy and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1172
El Paso County District Court No. 95CR4541
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Timothy John Kennedy,
Defendant-Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1909
Jefferson County District Court No. 08CR3444
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kory C. Keracik-Clemonts,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1962
Fremont County District Court No. 09CR41
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Julio Leyva-Campos,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 09CA2403
Adams County District Court No. 08CR3344
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Todd Kevin Alvarez,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
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. 09CA2477
Weld County District Court No. 07CR781
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randall Zandstra,
Defendant-Appellant.
SENTENCE 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. 10CA0567
Arapahoe County District Court No. 06CR97
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher James Henderson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0590
Jefferson County District Court No. 09CR710
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jamaal D. Roberts,
Defendant-Appellant.
JUDGMENT 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. 10CA1107
El Paso County District Court No. 03CR1282
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Bryant,
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. 10CA2105
Douglas County District Court No. 10CR55
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Quiroz-Montesdeoca,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0147
Morgan County District Court No. 03CR283
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sara Landeros-Ramos,
Defendant-Appellant.
ORDER 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. 11CA0400
Weld County District Court No. 10CR345
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Trinidad Ramos,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0499
City and County of Denver District Court No. 96CR1477
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph A. Ellsworth,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE NIETO*
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0571
Arapahoe County District Court No. 09CR1085
Honorable Elizabeth Beebe Volz, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Joshua David Nicoli,
Defendant-Appellee.
APPEAL DISMISSED
Division I
Opinion by JUDGE J. JONES
Taubman, J., concurs
Russel, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1079
El Paso County District Court No. 10CV116
Honorable David A. Gilbert, Judge
Joyce Schanel and Raymond J. Schanel,
Plaintiffs-Appellants,
v.
Ford Motor Company, a Delaware Corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Román and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1102
City and County of Denver Juvenile Court No. 09JV2301
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.H.A., a Child,
and Concerning S.L.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1253
City and County of Denver District Court No. 92CR2024
Honorable Warren O. Martin, Judge
Honorable Robert L. McGahey, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Crumpton,
Defendant-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1506
Arapahoe County District Court No. 07DR2316
Honorable Robert H. Russell, II, Judge
Honorable Kathleen M. Janski, Judge
In re the Marriage of
Richard R. Davis,
Appellant,
and
Jennifer Hunter,
Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1655
Montrose County District Court Nos. 06CV18, 06CV25 & 06CV126
Honorable James W. Schum, Judge
One Creative Place, LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
Board of County Commissioners of the County of Montrose, Colorado,
Defendant-Appellee,
and Concerning Jet Center Partners, LLC,
Intervenor-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Russel and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1880
Jefferson County District Court No. 09CV568
Honorable Lily W. Oeffler, Judge
Robert Goodnough and Linda Goodnough,
Plaintiffs,
v.
Brannan Sand and Gravel Company, a Colorado limited liability company,
Defendant-Appellee,
And Concerning Robert Abrams,
Attorney-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. 11CA1924
Weld County District Court No. 93CR859
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fernando B. Martinez,
Defendant-Appellant.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2562
Industrial Claim Appeals Office of the State of Colorado
DD No. 21702-2011
Mateo V. Rocha,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Global Hospitality, LLC,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J. and Kapelke*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2605
Industrial Claim Appeals Office of the State of Colorado
DD No. 18179-2011
Hydia M. Yokum-Casteel,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and the Colorado State Department of Transportation,
Respondents.
ORDER AFFIRMED
Division VII
Terry, Booras, and Fox, JJ.
PER CURIAM
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0435
Industrial Claim Appeals Office of the State of Colorado
DD No. 26373-2011
Winn Robin Waters,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Healthone of Denver, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0472
El Paso County District Court No. 11JV5
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.W-R., a Child,
and Concerning K.E., a/k/a K.F.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, 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. 06CA2655
Jefferson County District Court No. 04CR3243
Honorable R. Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keason Burell Cox,
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0487
Fremont County District Court No. 01CR409
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joel Matthew Stovall,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
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.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2471
Norman E. Wiegand,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections,
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.