ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 16, 2013
“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. 08CA1834
City and County of Denver District Court No. 06CR7406
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gregory Mark Owens,
Defendant-Appellant.
Judgment affirmed
Division VII
Opinion by JUDGE TERRY
Loeb and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 09CA0537 & 09CA0542
City and County of Denver District Court No. 07CR6412
Honorable Brian R. Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee and Cross-Appellant,
v.
Manuel Martinez,
Defendant-Appellant and Cross-Appellee.
JUDGMENTS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Gabriel, J., concurs
Bernard, J., specially concurs
Court of Appeals No. 09CA2386
Jefferson County District Court No. 08CR2978
Honorable Margie L. Enquist, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lynne Ann White,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
J. Jones and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0900
Adams County District Court No. 03CR63
Honorable John T. Bryan, Judge
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Pedro Brian Calzada,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROMán
Terry and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1731
City and County of Denver District Court No. 09CR5267
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stetson Bustos,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE ROMán
Taubman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2537
Adams County District Court No. 09CR2309
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Andrew Curtis,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2569
Arapahoe County District Court No. 01CR1748
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joshua David Swan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE FOX
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0177
La Plata County District Court No. 08CR247
Honorable Jeffrey R. Wilson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Keven John Benioh,
Defendant-Appellant.
APPEAL DISMISSED
Division VII
Opinion by JUDGE BERNARD
J. Jones and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0555
Jefferson County District Court No. 10CR1227
Honorable Jane A. Tidball, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tinisha Jacquelyn Lontine,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE LICHTENSTEIN
Casebolt and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1075
Sedgwick County District Court No. 10CR5
Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyson Curt Pfau,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE MILLER
Román and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1626
Arapahoe County District Court No. 09DR1408
Honorable Kathleen Janski, Magistrate
In re the Marriage of
Selamawit T. Shiferaw,
Appellee,
and
Muluken Bekele,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur
Court of Appeals No. 11CA1687
Weld County District Court No. 08CR1932
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincente Mendez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE FOX
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1840
Arapahoe County District Court No. 10CR2752
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hector Alfonso Rodriguez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE KAPELKE*
Furman and Booras, JJ., concur
Court of Appeals No. 11CA2051
Pitkin County District Court No. 11CV96
Honorable Kenneth M. Plotz, Judge
Jan B. Hamilton,
Plaintiff-Appellant,
v.
Blake and Alana Appleby
Defendants-Appellees.
-----------------------AND------------------------
Court of Appeals No. 11CA2052
Pitkin County District Court No. 11CV97
Honorable Kenneth M. Plotz, Judge
Jan B. Hamilton,
Plaintiff-Appellant,
v.
Derek and Jennifer Brown,
Defendants-Appellees.
-----------------------AND------------------------
Court of Appeals No. 11CA2053
Pitkin County District Court No. 11CV87
Honorable Kenneth M. Plotz, Judge
Jan B. Hamilton,
Plaintiff-Appellant,
v.
Steve Woodrow
Defendant-Appellee.
-----------------------AND------------------------
Court of Appeals No. 11CA2054
Pitkin County District Court No. 11CV113
Honorable Kenneth M. Plotz, Judge
Jan B. Hamilton,
Plaintiff-Appellant,
v.
John Galambos and Robin Galambos,
Defendants-Appellees.
JUDGMENTS AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román and Terry JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2409
Weld County District Court No. 02CR1342
Honorable Julie C. Hoskins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeremy Michael Garcia,
Defendant-Appellant.
ORDER affirmed
Division VII
Opinion by JUDGE TERRY
Loeb and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2414
City and County of Denver District Court No. 09CR2047
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Games-Perez,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BERNARD
Dailey and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2502
Arapahoe County District Court No. 10DR3290
Honorable Robert H. Russell, II, Judge
In re the Marriage of
Javier Jimenez,
Appellee,
and
Ruby Davila,
Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2515
Adams County District Court No. 11CR658
Honorable John E. Popovich, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Lee Coulter,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Plank* and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0573
El Paso County District Court No. 11CV1140
Honorable Barbara L. Hughes, Judge
Daniel C. Zook and David H. Zook,
Plaintiffs-Appellants,
v.
El Paso County Retirement Plan; El Paso County Retirement Board; Robert Balink, member of the El Paso County Retirement Board; Nicola Sapp, member of the El Paso County Retirement Board; Joseph Breister, member of the El Paso County Retirement Board; Julie Johnson, member of the El Paso County Retirement Board; Brian Larson, member of the El Paso County Retirement Board; and Howard Miller, in his capacity as Plan Administrator of the El Paso County Retirement Plan,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TERRY
Loeb and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0947
City and County of Denver District Court No. 10CV9739
Honorable Herbert L. Stern, III, Judge
Effie Sonmez, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.; Suzan Sonmez, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.; and Sonmez, LLC, individually and derivatively on behalf of NLO Legal Services Management Company, Inc.,
Plaintiffs-Appellees,
v.
Joanne P. Underhill,
Defendant,
and
Isaacson Rosenbaum, P.C.,
Intervenor-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1195
City and County of Denver District Court No. 11CV7199
Honorable Michael J. Vallejos, Judge
Max Ireland and Estate of the Late Thelma Ireland,
Plaintiffs-Appellants,
v.
Colorado Department of Health Care Policy and Financing,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE NAVARRO
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2116
Mesa County District Court No. 10JV305
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.S., a Child,
and Concerning T.C.,
Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division A
Opinion by JUDGE PLANK*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2483
Lincoln County District Court No. 11JV12
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.L.P.S., a Child,
and Concerning S.L. and C.S.,
Respondents-Appellants.
JUDGMENTS AFFIRMED
Division A
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Plank*, J., 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. 07CA2578
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Hamlet Arturo Madera,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0589
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reana Corinne Renaud,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Petition for Rehearing DENIED
Court of Appeals No. 12CA1451
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerry Dale Roadcap,
Defendant-Appellant.
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.