ANNOUNCEMENTS

COLORADO COURT OF APPEALS

JULY 26, 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. 07CA0895

Arapahoe County District Court No. 05CR2945

Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sir Mario Owens,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE BERNARD

Gabriel and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 08CA0391

City and County of Denver District Court No. 06CR10482

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Orlando Rollie,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Bernard and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA0513

Arapahoe County District Court No. 07CR1003

Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lewis Thomas,

Defendant-Appellant.

JUDGMENT AND SENTENCE 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. 09CA1454

Adams County District Court No. 08CR2674

Honorable Jill-Ellyn Straus, Judge

Honorable Francis C. Wasserman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roland Lee Riley,

Defendant-Appellant.

ORDER REVERSED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE WEBB

Carparelli and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2036

Jefferson County District Court No. 08CR2495

Honorable Tamara S. Russell, Judge

Honorable Stephen M. Munsinger, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Darrell Jay Gallegos,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE PLANK*

Bernard and Gabriel, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1652

Weld County District Court No. 09CR1887

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Danny Sanchez,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GRAHAM

Webb and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1789

Jefferson County District Court No. 98CR1675

Honorable Christopher J. Munch, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Eric Joseph Laurson,

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. 10CA2064

Arapahoe County District Court No. 02CR2293

Honorable Timothy L. Fasing, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Amin Furqan,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by CHIEF JUDGE DAVIDSON

Ney* and Márquez*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2389

City and County of Denver District Court No. 05CR955

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warren Deegan, a/k/a Richard Sanchez,

Defendant-Appellant.

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. 10CA2472

Adams County District Court No. 04DR1491

Honorable C. Scott Crabtree, Judge

In re the Marriage of

Edward Marx,

Appellant,

and

Nicole Marx,

Appellee.

ORDERS AFFIRMED IN PART, VACATED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE CARPARELLI

Webb and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2630

City and County of Denver District Court No. 92CR629

Honorable Christina M. Habas, Judge      

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Leroy Gardenhire, III,

Defendant-Appellant.

ORDER 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. 11CA0473

Boulder County District Court No. 04CR1344

Honorable Carol Glowinsky, Judge

Honorable John F. Stavely, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Floranzo Felice Gomez,

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. 11CA0705

El Paso County District Court No. 06CR5403

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Gary Wayne Turner,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE STERNBERG*

Taubman and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0854

Teller County District Court No. 05CR116

Honorable Edward S. Colt, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warren Clark,

Defendant-Appellant.

ORDER AFFIRMED IN PART, REVERSED IN PART,

 AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BERNARD

Gabriel and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0971

El Paso County District Court No. 03CR3527

Honorable David S. Prince, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Milton Donald Belcher,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE VOGT*

Roy and Dailey, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1141

Arapahoe County District Court No. 01CR3267

Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Charles Holwuttle,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE LOEB

Hawthorne and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1164

El Paso County District Court No. 94CR87

Honorable David A. Gilbert, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Michael Sean Edmond,

Defendant-Appellant.

APPEAL DISMISSED

Division VI

Opinion by JUDGE BERNARD

Gabriel and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals Nos. 11CA1200 & 11CA1830

Arapahoe County District Court No. 08CV321

Honorable Michael Spear, Judge

George F. Adam, Jr.,

Plaintiff-Appellant and Cross-Appellee,

v.

Sanjeev K. Mehra and Wesley K. Clark,

Defendants-Appellees and Cross-Appellants.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE GABRIEL

Graham and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1393

Douglas County District Court No. 09CV3128

Honorable Richard B. Caschette, Judge

Equity Secured Funds, Inc.,

Plaintiff-Appellee,

v.

Edwin H. McKenna; Patricia McKenna; McKenna Family Trust; and Hilltop Partners, LLC, a Colorado limited liability company,

Defendants-Appellants.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL

Bernard and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1511 

City and County of Denver District Court No. 06CV4514 

Honorable William D. Robbins, Jr., Judge

Colorado Coffee Bean, LLC, a Colorado limited liability company; MLT Taylor, LLC, a Colorado limited liability company; JFK, LLC, a Colorado limited liability company; CZ-DM, Inc., a Colorado corporation; JKKR, LLC, a Colorado limited liability company; Peak Mountain Coffee, Inc., a Colorado corporation; King Soopers JM, Inc., a Colorado corporation; ABC Sales, Inc., a Colorado corporation; and Double R Coffee, LLC, a Colorado limited liability company,

Plaintiffs-Appellants,

v.

Peaberry Coffee Inc., a Colorado corporation; Peaberry Coffee Franchise, Inc., a Colorado corporation; William I. Tointon; James T. Orr; and Perkins Coie, LLC, a Washington limited liability partnership,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

 Lichtenstein and Ney*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1525

El Paso County District Court No. 10DR5527

Honorable Michael P. McHenry, Judge

In re the Marriage of

Miodrag Popich,

Appellant,

and

Irene M. Denny,

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. 11CA1615

Bent County District Court No. 11CV5

Honorable Michael A. Schiferl, Judge

Charles J. Czemerynski,

Plaintiff-Appellant,

v.

Executive Director of the Colorado Department of Corrections, and Warden of Fort Lyon Correctional Facility,

Defendants-Appellees.

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. 11CA1756

Pueblo County District Court No. 10CV819

Honorable Victor I. Reyes, Judge

Bert Potestio,

Plaintiff-Appellee,

v.

Edward Gilley Revocable Trust; Edward Gilley Trust; and all unknown persons or entities who claim an interest in the subject matter of this action,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE KAPELKE*

Russel and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1859

Boulder County District Court No. 02CR12

Honorable M. Gwyneth Whalen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Shawn Stephan Russell,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE DAILEY

Roy and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA2294

Washington County District Court No. 09CR14

Honorable Kevin L. Hoyer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Javier Chavez-Quinonez,

Defendant-Appellant.

SENTENCE 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. 11CA2323

Sedgwick County District Court No. 09CV1

Honorable Kevin L. Hoyer, Judge

Jeff J. Hebert,

Plaintiff-Appellant,

v.

Carl W. Meline; Meline Company; Jamie J. Frey; and Alice M. Krieger,

Defendants-Appellees.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE CARPARELLI

Webb and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA2337

City and County of Denver Probate Court No. 07PR1289

Honorable Elizabeth D. Leith, Judge

In the Matter of the Estate of Diane Walters, deceased.

Shareq Khan,

Appellant,

v.

Elizabeth Walters,

Personal Estate Representative-Appellee.

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. 11CA2563

Arapahoe County District Court No. 04CR1100

Honorable Michael Spear, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Donald Ray Gonzales,

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. 12CA0197

City and County of Denver District Court Nos. 01CR4599 & 02CR1491

Honorable Shelley I. Gilman, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Rayfeal R. Nunn,

Defendant-Appellant.

ORDERS AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Sternberg* and Plank*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0262

Sedgwick County District Court No. 11JV1

Honorable Michael K. Singer, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of J.G.C., a Child,

and Concerning F.A. and R.G.C.,

Respondents-Appellants.

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. 12CA0364

Industrial Claim Appeals Office of the State of Colorado

DD No. 30548-2011

Debra J. Wilson,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Lockheed Martin Corporation,

Respondents.

ORDER AFFIRMED

Division IV

Opinion by JUDGE STERNBERG*

Davidson, C.J., and Vogt*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0403

Weld County District Court No. 09JV904

Honorable Marcelo A. Kopcow, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of C.S., C.E-S., S.E-S., Children,

and Concerning L.E-S., and R.E.,

Respondents-Appellants.

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. 12CA0863

Industrial Claim Appeals Office of the State of Colorado

DD No. 30303-2011

Alonzo G. Espinoza,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Echosphere, LLC,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE HAWTHORNE

Loeb and Kapelke*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0885

Industrial Claim Appeals Office of the State of Colorado

DD No. 31826-2011

Rosalie L. Ramsey,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Hope Center for the Retarded, Inc.,

Respondents.

ORDER AFFIRMED

Division VI

Opinion by JUDGE NEY*

Davidson, C.J., and Márquez*, J., 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. 09CA1172

The People of the State of Colorado,

Plaintiff-Appellant,

v.

Timothy John Kennedy,

Defendant-Appellee.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA2080

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theodore Ellis Evers,

Defendant-Appellant.

Opinion Modified and

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0726

Larry DeMarco and Patrick DeMarco,

Plaintiffs-Appellees,

v.

Broadway Dodge, Inc.,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1229

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dariel Ire Hough, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1389

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Dariel Ire Hough, Jr.,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1527

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Alexisius Quennel Jones,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0361

First American Title Insurance Company,

Plaintiff-Appellee and Cross-Appellant,

v.

Mile High Investors, LLC; and Jeffrey D. Lavenhar,

Third-Party Defendants-Appellants and Cross-Appellees.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0362

In re the Marriage of

Eric Dunkle,

Appellee,

and

Michelle Valentine,

Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0591

In re the Marriage of

Rose Corenman,

Appellee,

and

Donald Corenman,

Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1967

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of T.W., a Child,

and Concerning J.W.,

Respondent-Appellant,

and

K.W.,

Respondent-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.