ANNOUNCEMENTS
COLORADO COURT OF APPEALS
AUGUST 23, 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. 09CA1305
Jefferson County District Court No. 08CR261
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul D. Regnier,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE NEY*
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1913
Adams County District Court No. 08CR3111
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Allan Conklin,
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. 09CA2406
City and County of Denver District Court No. 07CR10494
Honorable Anne M. Mansfield, Judge
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Albert Maestas,
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. 09CA2460
City and County of Denver District Court No. 09CR152
Honorable William D. Robbins, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Louis David Gaskin,
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. 09CA2683
Weld County District Court No. 08CR2035
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Moncada-Medrano,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Plank*, J., concurs
Lichtenstein, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2714
Douglas County District Court Nos. 08CR583 & 08CR655
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tserennadmi Zorigtbaater,
Defendant-Appellant.
JUDGMENT 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 09CA2774
City and County of Denver District Court No. 09CR25
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Alexander Pena,
Defendant-Appellant.
JUDGMENT 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. 10CA0619
Adams County District Court No. 08CR18
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Amadeus Harlan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE FURMAN
Graham and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0946
Douglas County District Court No. 08CR223
Honorable Vincent R. White, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Charles Littlejohn,
Defendant-Appellant.
JUDGMENTS AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 10CA1198
Douglas County District Court No. 09CR160
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cristo Esquibel, Jr.,
Defendant-Appellant.
JUDGMENT REVERSED IN PART, VACATED IN PART,
SENTENCES VACATED, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Lichtenstein, J., concurs
Carparelli, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1647
Larimer County District Court No. 05CR1913
Honorable Jolene Carman Blair, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randy Joe Pevler,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Ney,* JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2152
Jefferson County District Court No. 09CR3152
Honorable Dennis J. Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leroy Damasio Fresquez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Russel, J., concurs
J. Jones, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0420
Arapahoe County District Court No. 08CR350
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Charles Clemons, Jr.,
Defendant-Appellant.
ORDER 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. 11CA1058
City and County of Denver District Court No. 96CR1525
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Lee Watson,
Defendant-Appellant.
ORDER 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. 11CA1736
Douglas County District Court No. 06DR1404
Honorable Angela R. Arkin, Judge
In re the Marriage of
Paul C. Rufien,
Appellant,
and
Darcy L. Rufien,
and Concerning Patricia Post,
Appellee.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1745
City and County of Denver District Court No. 07CV10268
Honorable Sheila A. Rappaport, Judge
Radine S. Coopersmith,
Plaintiff-Appellant,
v.
Lisa Ward, an individual; Greenberg, Herringer & Ward, LLC; Jeffrey A. Springer, an individual; and Springer & Steinberg, P.C.,
Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, JJ., concur
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
Prior Opinion Announced, July 26, 2012 WITHDRAWN
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1878
Morgan County District Court No. 09CV234
Honorable Charles M. Hobbs, Judge
Richard Johns,
Plaintiff-Appellant and Cross-Appellee,
v.
State Farm Fire and Casualty Company, an Illinois corporation,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED, ORDER REVERSED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE NEY*
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2188
Boulder County District Court No. 10CV955
Honorable James C. Klein, Judge
Wells Fargo Bank, N.A.,
Plaintiff-Appellee,
v.
Rosario Ruiz; Gloria Ruiz; and Susana Soledad Ruiz,
Defendants-Appellants.
JUDGMENT 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. 11CA2269
Adams County District Court No. 07CR1097
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donovan Craig Matthews,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE STERNBERG*
Loeb and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2347
La Plata County District Court No. 09CV150
Honorable Jeffrey R. Wilson, Judge
Floyd Patterson and Deborah Patterson,
Plaintiffs-Appellees,
v.
Joseph Leath and Ronda Angela Leath,
Defendants-Appellants.
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. 11CA2407
Weld County District Court No. 10DR183
Honorable Randall C. Lococo, Magistrate
In re the Marriage of
Carrie Ricketts,
Appellant,
and
John Ricketts,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE TERRY
Booras and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2452
City and County of Denver District Court No. 01CV6514
Honorable William W. Hood, III, Judge
Archangel Diamond Corporation Liquidating Trust,
Plaintiff-Appellant,
v.
OAO Lukoil,
Defendant-Appellee,
and
DS Engineering,
Interested Party.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE PLANK*
Lichtenstein, J., concurs
Webb, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2591
Mesa County District Court No. 07DR120
Honorable Richard T. Gurley, Judge
In re the Marriage of
Kecia Kay Anderson-Binkley,
Appellee,
and
Kevin Kent Binkley,
Appellant.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BOORAS
Terry and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0041
Jefferson County District Court No. 11DR596
Honorable Margie L. Enquist, Judge
In re the Marriage of
Kathryn Desiree Sousha,
Appellee,
and
Joshua L. Sousha, III,
Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FOX
Terry and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0224
Washington County District Court No. 10JV1
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.C. and E.C., Children,
and Concerning R.K.,
Respondent-Appellant.
CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 12CA0344
Industrial Claim Appeals Office of the State of Colorado
DD No. 29166-2011
Davante A. Wilson,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Landry’s Seafood House Arlington Inc.,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Sternberg*, JJ., concur
Court of Appeals No. 12CA0477
Lincoln County District Court No. 09JV41
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.R.L., a Child,
and Concerning J.T.L.,
Respondent-Appellant,
E.L.S.,
Respondent-Appellee,
and
N.L.S.,
Intervenor-Appellee.
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. 12CA0608
Larimer County District Court No. 11JV121
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.S., a Child,
and Concerning B.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 12CA0617
Adams County District Court No. 10JV479
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.C-D., a Child,
and Concerning A.C-D.,
Respondent-Appellee.
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. 12CA0729
Adams County District Court No. 11JV108
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.Q. and A.Q., Children,
and Concerning N.Q.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NEY*
Román and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0739
Industrial Claim Appeals Office of the State of Colorado
DD No. 29028-2011
Cheryl Jane Burns,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and
A B Petroleum Incorporated,
Respondents.
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. 12CA0761
Adams County District Court No. 01CR2810
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Guadalupe Riojas,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE ROMán
Bernard and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1010
Pueblo County District Court No. 12MH104
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of David Denney,
Respondent-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. 12CA1024
City and County of Denver Probate Court No. 12MH324
Honorable Elizabeth D. Leith, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Pratibha Anand,
Respondent-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Graham and Furman, 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. 08CA1291
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jereme Lamberth,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA1939
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Amber Lynne Fasick,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 08CA2245
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lorenzo Costilla-Luna,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2634
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tonya Ann Rhodus,
Defendant-Appellant.
Petitions for Rehearing DENIED
Court of Appeals No. 10CA2630
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Leroy Gardenhire, III,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1136
Brandon McLaughlin; Michael McLaughlin; and Selina McLaughlin,
Plaintiffs-Appellees,
v.
Christopher Oxley; Ricardo Sison; and Ability Specialists, Inc.,
Defendants-Appellants.
Petition for Rehearing DENIED
Court of Appeals No. 11CA2337
In the Matter of the Estate of Diane Walters, deceased.
Shareq Khan,
Appellant,
v.
Elizabeth Walters,
Personal Estate Representative-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0610
Industrial Claim Appeals Office of the State of Colorado
DD No. 32545-2011
Deborah A. Korzen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training Benefit Payment Control,
Respondents.
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.