ANNOUNCEMENTS
COLORADO COURT OF APPEALS
NOVEMBER 8, 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. 10CA0035
Adams County District Court No. 08CR3504
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ruben Rosendo Ramos,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Loeb, J., concurs
Webb, J., dissents
Court of Appeals No. 11CA0019
City and County of Denver District Court No. 09CR3530
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Deloss Rogers,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
Court of Appeals No. 11CA0034
Arapahoe County District Court No. 07CR2311
Honorable John L. Wheeler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Angel Pena-Rodriguez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE WEBB
Loeb, J., concurs
Taubman, J., dissents
Court of Appeals No. 11CA0750
Mesa County District Court No. 09CV4290
Honorable David A. Bottger, Judge
Eldon K. Van Gundy,
Plaintiff-Appellee,
v.
Quinton Van Gundy,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE J. JONES
Graham and Terry, JJ., concur
Court of Appeals No. 11CA1448
La Plata County District Court No. 09JV19
Honorable David L. Dickinson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.R., a Child,
and Concerning F.N.,
Respondent-Appellant,
and
F.S. and A.S.,
Intervenors.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Miller, JJ., concur
Court of Appeals No. 11CA1829
Jefferson County District Court No. 10CV1168
Honorable Jane A. Tidball, Judge
Health Grades, Inc., a Colorado Corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
Christopher Boyer and Patrick Singson,
Defendants-Appellees and Cross-Appellants.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE RICHMAN
Roy and Dailey, JJ., concur
Court of Appeals No. 11CA2132
Board of Assessment Appeals No. 57591
James Fifield and Betsy Fifield,
Petitioners-Appellants,
v.
Pitkin County Board of Commissioners,
Respondent-Appellee,
and
Board of Assessment Appeals, State of Colorado,
Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Ney*, JJ., concur
Court of Appeals No. 11CA2495
Summit County District Court No. 07CR4
Honorable David R. Lass, Judge
Honorable W. Terry Ruckriegle, Judge
Honorable Mark D. Thompson, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Erik Sigurdson Rockne,
Defendant-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Roy and Richman, JJ., concur
Court of Appeals No. 11CA2518
Yuma County District Court No. 09JD1
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, JJ., concur
Court of Appeals No. 12CA0233
Jefferson County District Court No. 11CV1132
Honorable Jack W. Berryhill, Judge
Melanna Marcellot,
Plaintiff-Appellant,
v.
Exempla, Inc., d/b/a Exempla West Pines,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
Court of Appeals No. 12CA0681
El Paso County District Court No. 10CV2849
Honorable David A. Gilbert, Judge
Rose Marie Hall,
Plaintiff-Appellee,
v.
American Standard Insurance Company of Wisconsin,
Defendant-Appellant.
APPEAL DISMISSED
Division C
Opinion by JUDGE TAUBMAN
Dailey and Booras, 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. 08CA2327
Arapahoe County District Court No. 06CR2374
Honorable J. Mark Hannen, Judge
Honorable Jack F. Smith, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Costello Scott,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE BERNARD
Booras, J., concurs
Casebolt, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA0461
City and County of Denver District Court No. 07CR6709
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phuong Van Dang,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Fox and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2305
Montezuma County District Court No. 08CR113
Honorable Douglas S. Walker, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Randle Paxton,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE PLANK*
Webb, J., concurs
Lichtenstein, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0023
Fremont County District Court No. 98CR342
Honorable Julie G. Marshall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Justin David Connor,
Defendant-Appellant.
ORDER AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0108
Adams County District Court No. 08CR413
Honorable Chris Melonakis, Judge
Honorable Frederick M. Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terry Steve Vasquez,
Defendant-Appellant.
JUDGMENT 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. 11CA0403
Adams County District Court No. 10CR929
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan Harding,
Defendant-Appellant.
SENTENCE AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Fox and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2168
Pueblo County District Court No. 10CR1497
Honorable David W. Crockenberg, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Anthony Louis Paglione,
Defendant-Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE FOX
Miller and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 11CA2396 & 11CA2397
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-502-555
Linda Silveira,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado,
Respondent,
and
Colorado Springs Health Partners, and American Compensation Insurance Company,
Respondents and Cross-Appellants.
ORDER
AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2557
Industrial Claim Appeals Office of the State of Colorado
DD No. 21246-2011
Elizabeth L. Potter,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Douglas R. Sitter, LLC,
Respondents.
ORDER AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0501
Arapahoe County District Court No. 10CV1276
Honorable J. Mark Hannen, Judge
Igor Kaminer; Stan Zislis; and I & S, LLC, d/b/a Cannamart, a Colorado limited liability company,
Plaintiffs-Appellants,
v.
City of Littleton, Colorado, a Colorado home rule municipality; and Littleton Licensing Authority, a subdivision of the City of Littleton,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0773
Adams County District Court No. 11JV35
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.B., IV, a Child,
and Concerning J.B., III,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by JUDGE NEY*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1349
Industrial Claim Appeals Office of the State of Colorado
DD No. 9539-2012
Carrie L. Nixon,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, 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. 07CA1551
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Norman Michael Simpson,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1643
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Raymond Hoag,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0072
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Genero Javon Zuniga,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0570
Rosa Payan; Guadalupe Arroyo; Saloman Martinez; Debra Gomez; Antonio Esquibel; and Julia Morgan,
Plaintiffs-Appellants,
v.
Nash Finch Company, d/b/a Avanza Supermarket,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA2205
Kyle W. Larson Enterprises, Inc., Roofing Experts, d/b/a The Roofing Experts,
Plaintiff-Appellant,
v.
Allstate Insurance Company,
Defendant-Appellee.
Opinion Modified and
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2012.