ANNOUNCEMENTS
COLORADO COURT OF APPEALS
SEPTEMBER 6, 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. 09CA0470
El Paso County District Court No. 07CR317
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Nicholas Johnson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE J. JONES
Taubman and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0572
Pueblo County District Court No. 05CR1125
Honorable Jill S. Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joe Anthony Martinez,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE ROY
Dailey and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0832
Adams County District Court No. 09CR456
Honorable John Thomas Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Douglas Wise,
Defendant-Appellant.
JUDGMENT REVERSED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE J. JONES
Taubman, J., concur
Russel, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0866
Weld County District Court No. 07CR2229
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dominic John Duvall,
Defendant-Appellant.
JUDGMENT AND 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. 10CA1486
Pueblo County District Court Nos. 05CR353 & 05CR1217
Honorable Victor I. Reyes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas Neal Hughes,
Defendant-Appellant.
ORDER AND SENTENCES 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. 10CA2073
Adams County District Court No. 05CR1163
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan Thomas Shields,
Defendant-Appellant.
ORDERS 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. 10CA2084
Mesa County of District Court No. 08CV115
Honorable David A. Bottger, Judge
James L. Harris and Geraldine E. Harris,
Plaintiffs-Appellants and Cross-Appellees,
v.
Serco Management Services, Inc.,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division I
Opinion by JUDGE KAPELKE*
J. Jones and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0007
City and County of Denver District Court No. 09CR938
Honorable Kenneth M. Laff, Judge
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ralph H. Jackson,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
Court of Appeals No. 11CA1048
Boulder County District Court No. 10CV893
Honorable Carol Glowinsky, Judge
Terri Willoughby,
Plaintiff-Appellant,
v.
Pierre Pavot, D.O.,
Defendant-Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE NIETO*
Román and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1096
City and County of Denver District Court No. 11CV664
Honorable Michael A. Martinez, Judge
Federal National Mortgage Association,
Plaintiff-Appellee,
v.
Pauline Tucker and Jesus John Hernandez,
Defendants-Appellants.
JUDGMENT AFFIRMED 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. 11CA1345
Jefferson County District Court No. 10DR2293
Honorable Christie B. Phillips, Judge
In re the Marriage of
John P. Varndell,
Appellee,
and
Amy Stavans, f/k/a Amy S. Varndell,
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. 11CA1490
Adams County District Court No. 10CR606
Honorable Robert S. Doyle, Judge
Honorable Leroy D. Kirby, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lynn Shadow Schneider,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA1948
Boulder County District Court Nos. 10CV378 & 10CV2912
Honorable Andrew R. Macdonald, Judge
Probuild Holdings, Inc.; and Probuild Company LLC, f/k/a Probuild East LLC,
Plaintiffs-Appellants,
v.
Fireman’s Fund Insurance Company,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
Court of Appeals No. 11CA2135
Pitkin County District Court No. 10CR80
Honorable Gail H. Nichols, Judge
The People of the State of Colorado,
Plaintiff- Appellant,
v.
Jesus Aguilera-Pimentel,
Defendant-Appellee.
ORDER REVERSED 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. 11CA2493
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-785-525
MKBS, LLC; and TLPQC Services, LLC, d/b/a Metro,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado, Pinnacol Assurance, and Mahdi Sikkal,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE RUSSEL
Taubman and J. Jones, JJ., concur
Court of Appeals No. 11CA2625
Arapahoe County District Court No. 08CV2184
Honorable Christopher C. Cross, Judge
Radine Coopersmith,
Plaintiff-Appellant,
v.
James Flint; and Roaring Fork MHP, Ltd.,
Defendants-Appellees.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
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. 12CA1163
Pueblo County District Court No. 12MH144
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Gina Herndon,
Respondent-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. 12CA1164
Pueblo County District Court No. 12MH143
Honorable Dennis Maes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Jecories Williams, III,
Respondent-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE HAWTHORNE
Loeb and Miller, 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. 10CA2339
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Billie Don Williams,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1646
John Chris Long,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Motor Vehicle Division,
Defendant-Appellee.
Petition for Rehearing DENIED
M O D I F I E D O P I N I O N S
Court of Appeals No. 09CA0472
El Paso County District Court No. 04CR5231
Honorable Jann P. DuBois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Johnson,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE VOGT*
Taubman and J. Jones, JJ., concur
Opinion Modified on Court’s Own Motion
Announced July 19, 2012
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2011.