ANNOUNCEMENTS
COLORADO COURT OF APPEALS
DECEMBER 13, 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. 09CA0137
El Paso County District Court Nos. 05CR3766 & 07CR5429
Honorable Steven T. Pelican, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Deborah Lee Nicholls,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED
IN PART, AND CASE REMANDED
Division VII
Opinion by JUDGE HAWTHORNE
Román and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2202
City and County of Denver District Court No. 08CR2143
Honorable Catherine Lemon, Judge
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abundio Cardoza-Rodelo,
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. 10CA0741
Adams County District Court No. 09CR1882
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
German Antonio Guzman,
Defendant-Appellant.
APPEAL DISMISSED IN PART AND
JUDGMENT AND SENTENCE 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. 10CA0906
City and County Denver District Court No. 08CR2222
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Emanuel James Lee Rivera, a/k/a Shawn Rivera,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Booras, J., concurs
Bernard, J., specially concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1341
El Paso County District Court No. 09CR1220
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Lawrence Newton,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE PLANK*
J. Jones and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2402
Jefferson County District Court No. 08CR2362
Honorable Stephen M. Munsinger, Judge
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shane Gene Grasser,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0051
Jefferson County District Court No. 04CR2880
Honorable Tamara S. Russell, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kareem Abdul Robinson,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0410
El Paso County District Court No. 08CR4120
Honorable Jann P. Dubois, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nijah Omar Dennis,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0529
Jefferson County District Court No. 10CR651
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesse Bradburn,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Lichtenstein and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0646
Boulder County District Court No. 09CR595
Honorable James C. Klein, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darline A. Chely,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1057
Mesa County District Court No. 07CR1572
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Hoeck,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1129
Adams County District Court No. 10CR1521
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Darrell Eugene Goddard,
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. 11CA1192
City and County of Denver District Court Nos. 97CR2453, 97CR2455, 97CR2456, 97CR2457 & 97CR2458
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sylvester Davis,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, JJ., concur
Court of Appeals No. 11CA1439
Mesa County District Court Nos. 08CR485, 08CR995 & 09CR34
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert J. Hakel,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE MÁRQUEZ*
J. Jones and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1531
El Paso County District Court No. 03CR4837
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Julian Keith Garcia,
Defendant-Appellant.
ORDERS 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. 11CA1630
Adams County District Court No. 09CR3430
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Isauro Lopez-Silerio,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Graham and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1642
El Paso County District Court No. 96CR2613
Honorable David D. Parrish, Judge
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gelasio Batres Tagle,
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. 11CA1672
Lincoln County District Court No. 09CV59
Honorable Stanley A. Brinkley, Judge
Mark Kent,
Plaintiff-Appellant,
v.
Executive Director, Colorado Department of Corrections; and Warden, Limon Correctional Facility,
Defendants-Appellees.
JUDGMENT 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. 11CA1933
Mesa County District Court No. 11CR710
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark Leon Freeman,
Defendant-Appellant.
APPEAL DISMISSED
Division III
Opinion by JUDGE NEY*
Richman and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2265
El Paso County District Court No. 10CR4622
Honorable David S. Prince, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Karla Janeen Bamber,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2484
Pueblo County District Court No. 11CV119
Honorable Victor Reyes, Judge
Michael Whitington,
Plaintiff-Appellant,
v.
Becky Lucero, former Colorado Parole Board member; Celeste Quinones, former Colorado Parole member; Tom Clements, Executive Director, Colorado Department of Corrections; and James Davis, Department of Parole,
Defendants-Appellees.
APPEAL DISMISSED IN PART, JUDGMENT AFFIRMED IN PART,
REVERSED IN PART AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE CARPARELLI
Miller and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2517
Jefferson County District Court No. 07CR2117
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dmitry Pleshakov,
Defendant-Appellant.
ORDER 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. 11CA2635
City and County of Denver District Court No. 07CV11985
Honorable Robert L. McGahey, Jr., Judge
Honorable Brian Whitney, Judge
Amber Fitzpatrick,
Plaintiff-Appellant,
v.
Michael H. Handler, M.D.,
Defendant-Appellee.
ORDER AFFIRMED
Division IV
Opinion by JUDGE J. JONES
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0075
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-818-912
Vincent Lanuto,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Amerigas Propane, Inc.; and Indemnity Insurance Company of North America,
Respondents.
Division VII
Opinion by JUDGE ROMÁN
Hawthorne and Furman, JJ., concur
Court of Appeals No. 12CA0152
Arapahoe County District Court No. 03CR2534
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mario Jose Velasquez,
Defendant-Appellant.
order affirmed
Division IV
Opinion by JUDGE Plank*
J. Jones and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0720
Jefferson County District Court No. 11CV3177
Honorable Philip J. McNulty, Judge
Golden 5 Homes, LLC; and Julianne McCabe,
Plaintiffs-Appellants,
v.
City of Golden, a Colorado home-rule municipality,
Defendant-Appellee.
orders affirmed and case
remanded with directions
Division IV
Opinion by Judge plank*
J. Jones and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0770
Montrose County District Court No. 11CV381
Honorable James W. Schum, Judge
Matt Miles,
Plaintiff-Appellant,
v.
City of Montrose, a Colorado municipality,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Bernard and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1198
Mesa County District Court No. 11JV174
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.S., a Child,
and Concerning S.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1274
Adams County District Court No. 10JV408
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.B., a Child,
and Concerning T.P.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE NEY*
Davidson, C.J., and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1319
Arapahoe County District Court No. 03CR2395
Honorable Harlan R. Bockman, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Alejandro Vizcaya-Gomez,
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. 12CA1458
Industrial Claim Appeals Office of the State of Colorado
DD No. 1393-2012
Jennifer M. Mullin
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Ivan S. Alkes, M.D.,
Respondents.
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. 12CA1615
Industrial Claim Appeals Office of the State of Colorado
DD No. 3913-2012
Gary G. McCartney,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Sysco Denver, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Richman and Nieto*, JJ., concur
Court of Appeals No. 12CA1716
Adams County District Court No. 11JV156
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J-Y.H., Child,
and Concerning A.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE KAPELKE*
Lichtenstein and Gabriel, JJ., concur
Court of Appeals No. 12CA1719
El Paso County District Court No. 11JV1534
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.H., a Child,
and Concerning K.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE VOGT*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1790
Industrial Claim Appeals Office of the State of Colorado
DD No. 11544-2012
Thomas R. Ahern,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Unemployment Insurance Benefit Payment Control,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE RICHMAN
Dailey and Nieto*, JJ. concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1901
Industrial Claim Appeals Office of the State of Colorado
DD No. 7112-2012
Thomas Dangerfield,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Colorado State Department of Transportation,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE NIETO*
Dailey and Richman, JJ., concur
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. 09CA2461
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John Henry Richardson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1998
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Cecilio Victor Chavez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2540
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincent M. Lucero,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2547
Patrick Duray Portley-El
Plaintiff-Appellant,
v.
Chaplain Dycus; Kevin Winslow, Kit Carson Correctional Center; and the Colorado Department of Corrections.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2558
Ayse Bekirova and Yunuz Suleyman,
Plaintiffs-Appellants,
v.
Doris Anderson, as Personal Representative of the Estate of Mervin Anderson,
Defendant-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. 2012.