ANNOUNCEMENTS
COLORADO COURT OF APPEALS
December 06, 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. 09CA1347
Garfield County District Court No. 07CR618
Honorable Daniel B. Petre, Judge
Honorable David Lass, Senior Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allen Paul Allman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
Court of Appeals No. 10CA2023
City and County of Denver District Court No. 05CR3424
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sergey Genidievich Novitskiy,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Richman and Ney*, JJ., concur
Court of Appeals No. 11CA2078
Adams County District Court No. 10CV823
Honorable Robert W. Kiesnowski, Jr., Judge
BSLNI, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
Russ T. Diamonds, Inc., a Colorado corporation,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Loeb and Hawthorne, JJ., concur
OPINION PREVIOUSLY ANNOUNCED AS
“NOT PUBLISHED PURSUANT TO C.A.R. 35(f)” ON
OCTOBER 4, 2012 IS NOW DESIGNATED FOR PUBLICATION
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 09CA1503
City and County of Denver District Court No. 06CR7288
Honorable William W. Hood, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy John Boham,
Defendant-Appellant.
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. 09CA1546
Morgan County District Court No. 04CR264
Honorable Douglas R. Vannoy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Shae Garcia,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0184
City and County of Denver District Court No. 08CR4065
Honorable Marla Garrett, Magistrate
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jorge Louis Arana, a/k/a Jorge L. Arana-Mendez,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0242
Adams County District Court No. 08CR973
Honorable Gail H. Nichols, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Casey Joe Joslin,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0997
Douglas County District Court No. 02CR245
Honorable Nancy A. Hopf, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremiah Brandon Zajic,
Defendant-Appellant.
Judgment Affirmed
Division III
Opinion by JUDGE Nieto*
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1534
Mesa County District Court No. 09CR1751
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Salvador Zunogama,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1799
Garfield County District Court No. 06CR375
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Michael Blackford,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1918
Adams County District Court Nos. 06CR767, 06CR951, 06CR955, & 06CR1071
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Julio Ontiveros-Perez,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1950
El Paso County District Court No. 09CR3527
Honorable Ronald G. Crowder, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Borin Dario Segarra,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2187
Larimer County District Court No. 02CR1856
Honorable Devin R. Odell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Martin Wayne Lundin,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0190
Arapahoe County District Court No. 02CR1429
Honorable Valeria Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Walter Lacedric Rodgers,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0267
Fremont County District Court No. 05CR575
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Stockard,
Defendant-Appellant.
JUDGMENT AND SENTENCE VACATED
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0551
Adams County District Court No. 10CR441
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gabriel Glen Salazar,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0849
Pueblo County District Court No. 10CR751
Honorable Jill S. Mattoon, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Raymond Montano,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE GRAHAM
J. Jones and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0972
Arapahoe County District Court No. 03CR2296
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Oloyea Wallin,
Defendant-Appellant.
ORDERS AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1086
Douglas County District Court No. 09CR795
Honorable Richard B. Caschette, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin James Dickason,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1167
Garfield County District Court No. 10CR291
Honorable Gail H. Nichols, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jose Omar Ferman,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division III
Opinion by JUDGE PLANK*
Richman and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1444
El Paso County District Court No. 05CR4438
Honorable Kirk S. Samelson, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Jimmie L. Lillie,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1628
Arapahoe County District Court No. 96CR950
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Gholston,
Defendant-Appellant.
SENTENCES AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1782
Jefferson County District Court Nos. 00CR35 & 01CR1224
Honorable Margie L. Enquist, Judge
Honorable Ruthanne Polidori, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua Elliot Wingfield,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Márquez*, JJ., concur
Court of Appeals No. 11CA1839
El Paso County District Court No. 06CR1263
Honorable Barney Iuppa, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kwi Choi Yi,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE BERNARD
Casebolt and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2071
Summit County District Court No. 10DR138
Honorable Karen A. Romeo, Judge
In re the Marriage of
Darrel J. Kutchin,
Appellee,
and
M. Michele Tonti,
Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2224
Garfield County District Court No. 10CR473
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Patrick Hageland,
Defendant-Appellant.
APPEAL DISMISSED
Division III
Opinion by JUDGE RICHMAN
Márquez* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2273
City and County of Denver District Court No. 10CV9530
Honorable Michael A. Martinez, Judge
Kevin Waters,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2350
City and County of Denver District Court No. 86CR2049
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Sherman,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE MÁRQUEZ*
Richman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2390
City and County of Denver Probate Court No. 11PR1776
Honorable Elizabeth D. Leith, Judge
In re the Estate of Essie Davis, a protected person,
and
Alice Anderson,
Appellant,
v.
Marlene Wells,
Appellee.
APPEAL DISMISSED 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. 11CA2454
El Paso County District Court No. 10CV7256
Honorable David S. Prince, Judge
M.B. Anderson, Clyde Depew, Ruth Hacker, David Hacker, Bertha Jackson, Lewis Jackson, Gayle Y. Jones, Judith LeDean, Paula Schofield, Patti Teal, Kurt Williams, and Annita Williams as Individual Taxpayers of the Cimarron Hills Fire Protection District,
Plaintiffs-Appellants,
v.
The Cimarron Hills Fire Protection District and the Board of Directors of the Cimarron Hills Fire Protection District,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2610
El Paso County District Court No. 10DR2497
Honorable Barney Iuppa, Judge
In re the Marriage of
Sharon M. Ruebsamen,
Appellee,
and
Randal M. Ruebsamen,
Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE KAPELKE*
Gabriel and Nieto*, JJ., concur
Court of Appeals No. 11CA2644
Larimer County District Court No. 11CV990
Honorable Daniel J. Kaup, Judge
Rebecca Susan Lorenz,
Plaintiff-Appellant,
v.
Retreat Landowners Association, Inc. (RLA) a Colorado nonprofit corporation,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Carparelli and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0033
City and County of Denver District Court No. 11CV2300
Honorable A. Bruce Jones, Judge
Huber Reyes-Mosqueda and Juana M. Hernandez-Sanchez,
Plaintiffs-Appellants,
v.
Shannon Taylor,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0133
Arapahoe County District Court No. 92JP322
Honorable Timothy L. Fasing, Judge
In re the Support of ADH-M, a Child,
and Concerning JMH,
Petitioner-Appellant,
and
LAM,
Respondent-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Miller and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0357
City and County of Denver District Court No. 07DR485
Honorable Herbert L. Stern, III, Judge
In re the Marriage of
Karen Bristol-Rumer,
Appellee,
and
Gaynel Rumer,
Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0372
El Paso County District Court No. 11CV2443
Honorable G. David Miller, Judge
Flextec Corporation, a Colorado corporation,
Plaintiff-Appellant,
v.
Scivation, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0408
City and County of Denver District Court No. 89CR1976
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Edith L. Bunting,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE BOORAS
Casebolt and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0414
La Plata County District Court No. 10CV55
Honorable David L. Dickinson, Judge
Rose L. Watson Revocable Trust,
Plaintiff-Appellant,
v.
BP America Production Company,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0442
Jefferson County District Court No. 11CV4856
Honorable Tamara S. Russell, Judge
A.H.,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Webb and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0552
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 3-713-771 & 3-709-116
Evelyn Ann Romero,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Broadmoor Hotel; and Fireman’s Fund Insurance Company,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0656
Weld County District Court Nos. 10CR1983 & 11CR281
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Daniel Garza,
Defendant-Appellant.
SEntence affirmed
Division IV
Opinion by Judge Vogt*
Graham and J. Jones, JJ., concur
Court of Appeals No. 12CA0745
Weld County District Court No. 10CV824
Honorable Daniel S. Maus, Judge
Dr. Jatinder Aulakh and Maria Aulakh,
Plaintiffs-Appellants,
v.
Donald Edward Settle and Cathy A. Settle,
Defendants-Appellees.
JUDGMENT AFFIRMED
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0821
Court of Appeals No. 12CA0959
Arapahoe County District Court No. 11JV807
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of E.R., a Child,
and Concerning C.L.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE WEBB
Taubman and Loeb, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1131
Mesa County District Court No. 11JV281
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.T.S., Child,
and Concerning T.G.S.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Lichtenstein and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1257
Industrial Claim Appeals Office of the State of Colorado
DD No. 6601-2012
Milton Ivy,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE PLANK*
Davidson, C.J., and Nieto*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1314
Boulder County District Court No. 11JV114
Honorable Roxanne Bailin, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.S., S.S., and S.S., Children,
and Concerning S.N. and M.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FOX
Carparelli and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1409
Industrial Claim Appeals Office of the State of Colorado
DD No. 32863-2011
Robert E. Thornton,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Bestway Insulation,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE NIETO*
Davidson, C.J., and Plank*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1470
Adams County District Court No. 10JV206
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of N.T., a Child,
Appellant,
and Concerning A.B.,
Respondent-Appellee.
JUDGMENT 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. 11CA0034
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Angel Pena-Rodriguez,
Defendant-Appellant.
Petition for Rehearing DENIED
Taubman, J., would GRANT
Court of Appeals No. 11CA1896
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyrone Duante Small,
Defendant-Appellant.
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. 2012.