ANNOUNCEMENTS

COLORADO COURT OF APPEALS

FEBRUARY 28, 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.

P U B L I S H E D   O P I N I O N S

Court of Appeals No. 10CA0320

Alamosa County District Court No. 08CR288

Honorable Martin A. Gonzales, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Johnnie Nicholas Garcia,

Defendant-Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE GRAHAM

Taubman and Hawthorne, JJ., concur

Court of Appeals No. 10CA1480

Arapahoe County District Court No. 07CR2974

Honorable Valeria N. Spencer, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Omer Kelil Hassen,

Defendant-Appellant.

JUDGMENT AND SENTENCE REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE LICHTENSTEIN

Webb and Fox, JJ., concur

Court of Appeals No. 11CA1077

Adams County District Court No. 10CR477

Honorable Chris Melonakis, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lewis Burton Ridgeway,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE DUNN

Loeb and Gabriel, JJ., concur

Court of Appeals No. 11CA1342

Rio Grande County District Court No. 07CV87

Honorable John K. Kuenhold, Judge

William P. Settle and Corinna Settle,

Plaintiffs-Appellants,

v.

Janet M. Basinger, M.D.; and Valley Citizens Foundation for Health Care, Inc., d/b/a/ Rio Grande Hospital,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE CARPARELLI

Webb and Lichtenstein, JJ., concur

Court of Appeals No. 11CA1802

Weld County District Court No. 02CR562

Honorable Timothy G. Kerns, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Peter Leo Dinkel,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt and Miller, JJ., concur

Court of Appeals Nos. 11CA1856 & 11CA1857

City and County of Denver District Court Nos. 11CV4424 & 11CV4427

Honorable Michael A. Martinez, Judge

Taxpayers for Public Education; Cindra S. Barnard; Marson S. Barnard; James LaRue; Suzanne T. Larue; Interfaith Alliance of Colorado; Rabbi Joel R. Schwartzman; Reverend Malcolm Himschoot; Kevin Leung; Christian Moreau; Maritza Carrera;

and Susan McMahon,

Plaintiffs-Appellees,

v.

Douglas County School District; Douglas County Board of Education; Colorado State Board of Education; and Colorado Department of Education,

Defendants-Appellants

and

Florence and Derrick Doyle, on their own behalf and as next friends of their children, A.D. and D.D.; Diana and Mark Oakley, on their own behalf and as next friends of their child, N.O.; Jeanette Strohm-Anderson and Mark Anderson, on their own behalf and as next friends of their child, M.A.,

Intervenors-Appellants.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE J. JONES

Graham, J., concurs

Bernard, J., dissents

Court of Appeals No. 11CA1886

Jefferson County District Court No. 10DR1216

Honorable Dennis J. Hall, Judge

In re the Marriage of

Sarah Joanne Rivera,

Appellee,

and

Ryan Lee Rivera,

Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROMÁN

Terry and Vogt*, JJ., concur

Court of Appeals No. 11CA2103

Grand County District Court No. 09CR123

Honorable Mary C. Hoak, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Matthew Gravina,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division I

Opinion by JUDGE GRAHAM

Taubman and Hawthorne, JJ., concur

Court of Appeals No. 11CA2293

Adams County District Court No. 08CR896

Honorable Jill-Ellyn Straus, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Esteban Campos-Corona,

Defendant-Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE FOX

Webb and Lichtenstein, JJ., concur

Court of Appeals No. 12CA0130

Adams County District Court No. 10CV1994

Honorable C. Scott Crabtree, Judge

Northglenn Urban Renewal Authority,

Plaintiff-Appellant,

v.

Gil Reyes, in his official capacity as Adams County Assessor; and Board of County Commissioners of the County of Adams,

Defendants-Appellees.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROMÁN

Terry and Vogt*, JJ., concur

Court of Appeals No. 12CA0654

El Paso County District Court No. 11CV2475

Honorable G. David Miller, Judge

Shelter Mutual Insurance Company,

Plaintiff-Appellee,

v.

Steven D. Vaughn and Alvin J. Miller,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE FOX

Webb and Lichtenstein, JJ., concur

Court of Appeals No. 12CA0967

Weld County District Court No. 11CV610

Honorable Dinsmore Tuttle, Judge

Vista Ridge Master Homeowners Association, Inc.,

Plaintiff-Appellee,

v.

Arcadia Holdings at Vista Ridge, LLC,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division II

Opinion by JUDGE MILLER

Casebolt and Navarro, 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. 06CA2123

El Paso County District Court No. 05CR3380

Honorable Thomas K. Kane, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brenda Lee Vargas,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II

Opinion by JUDGE CASEBOLT

Miller and Navarro, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 09CA1448

City and County of Denver District Court No. 08CR241

Honorable William D. Robbins, Jr., Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Brett Candelaria,

Defendant-Appellant.

JUDGMENT AFFIRMED

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. 09CA2098

Arapahoe County District Court No. 07CR2698

Honorable Valeria J. Spencer, Judge

Honorable J. Mark Hannen, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Thomas Lee Dean,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE VOGT*

Román and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA0241

Adams County District Court No. 09CR1403

Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Richard Joseph McCallum,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Lichtenstein and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA1839

City and County of Denver District Court No. 09CR4814

Honorable Theresa M. Cisneros, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Hector Huerta, Jr.,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE ROMán

Terry and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 10CA2388

Jefferson County District Court No. 09CR2533

Honorable Dennis Hall, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Israel Cisneros,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL

Loeb and Dunn, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0658

Las Animas County District Court No. 10CR36

Honorable Leslie J. Gerbracht, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Don Darrell Duran,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE WEBB

Lichtenstein and Fox, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA0758

Adams County District Court No. 10CR331

Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Ricky Laverne Walker, Jr.,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE FOX

Webb and Lichtenstein, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1776

Douglas County District Court No. 09DR176

Honorable Christopher C. Cross, Judge

In re the Marriage of

Jennifer Anne Pieratt, n/k/a Jennifer Anne Gietl,

Appellee,

and

Brett Wilson Pieratt,

Appellant.

JUDGMENT REVERSED IN PART AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN

Graham and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1837

City and County of Denver District Court No. 04CR3749

Honorable Michael A. Martinez, Judge

Honorable Anne M. Mansfield, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Roy Standing-Crow,

Defendant-Appellant.

ORDER AFFIRMED

Division VII

Opinion by CHIEF JUDGE DAVIDSON

Kapelke* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1889

Mesa County District Court No. 09CR70

Honorable Brian J. Flynn, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Jeffrey Michael Tharp,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA2113

Adams County District Court No. 05CR3234

Honorable F. Michael Goodbee, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Muhammed Nazir Al-Chalati,

Defendant-Appellant.

Order affirmed

Division V

Opinion by JUDGE TERRY

Román and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA2259

El Paso County District Court No. 11CR1055

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Melanie Lynn Ucker,

Defendant-Appellant.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE DAILEY

Furman and Booras, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA2435

La Plata County District Court No. 10CV279

Honorable Frank Plaut, Judge

GCC Energy, LLC, a Colorado limited liability company,

Plaintiff-Appellant,

v.

Industrial Systems, Inc., a Colorado corporation; and Kinergy Corporation, a Kentucky corporation,

Defendants-Appellees.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE STERNBERG*

Dunn, J., concurs

Gabriel, J., concurs in part and dissents in part

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals Nos. 12CA0083

Douglas County District Court No. 04DR340

Honorable Donald W. Marshall, Judge

In re the Marriage of

Tammy Louise Davies,

Appellant,

and

Christopher Ryan Goodsell,

Appellee.

ORDER AFFIRMED

Division I

Opinion by JUDGE TAUBMAN

Graham and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0118

Boulder County District Court No. 97CR2571

Honorable Thomas F. Mulvahill, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Miguel Morales,

Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by JUDGE LOEB

Gabriel and Dunn, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0183

City and County of Denver District Court No. 10DR3770

Honorable Herbert L. Stern, III, Judge

In re the Marriage of

Valerie L. Miller,

Appellee,

and

David Abegg,

Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE GRAHAM

Taubman and Hawthorne, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0228

Industrial Claim Appeals Office of the State of Colorado

WC No. 4-761-745

Jane Baldwin,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado, Air Wisconsin Airlines Corporation; and ACE,

Respondents.

ORDER AFFIRMED

Division V

Opinion by JUDGE VOGT*

Román and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0484

El Paso County District Court No. 98CR5204

Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Wayne Maurice Little,

Defendant-Appellant.

Order affirmed

Division V

Opinion by JUDGE TERRY

Román and Vogt*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0662

Adams County District Court No. 11CR1571

Honorable Emil A. Rinaldi, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Theodore Dean Acosta,

Defendant-Appellant.

APPEAL DISMISSED

Division II

Opinion by JUDGE MILLER

Casebolt and Navarro, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0744

La Plata County District Court No. 09CV446

Honorable Jeffrey R. Wilson, Judge

Bank of the San Juans, a Colorado banking corporation,

Plaintiff-Appellee,

v.

James H. Custer,

Defendant-Appellant.

JUDGMENT VACATED AND CASE

REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE VOGT*

Román and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0993

Adams County District Court No. 07CR1715

Honorable Patrick T. Murphy, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

James Malden Spencer,

Defendant-Appellant.

ORDER AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE RICHMAN

Bernard and J. Jones, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1038

El Paso County District Court No. 10DR1428

Honorable Deborah J. Grohs, Judge         

In re the Marriage of

Susanna Frederick,

Appellee,

and

Charles Frederick,

Appellant.

ORDER AFFIRMED

Division I

Opinion by JUDGE HAWTHORNE

Taubman and Graham, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1235

City and County of Denver District Court Nos. 02CR2824 & 02CR2825

Honorable Martin F. Egelhoff, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Robert Buchanan, III,

Defendant-Appellant.

ORDER AFFIRMED

Division V

Opinion by JUDGE VOGT*

Román and Terry, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1246

City and County of Denver District Court No. 06CR6192

Honorable John W. Madden, IV, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Terrina Flora-Alexander,

Defendant-Appellant.

ORDER AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt and Miller, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1909

Industrial Claim Appeals Office of the State of Colorado

DD No. 14222-2012

Christopher S. Hay,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Tranoi Ristoranti, LLC, d/b/a Rustico,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by CHIEF JUDGE DAVIDSON

Kapelke* and Nieto*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1955

Mesa County District Court No. 11JV425

Honorable Valerie J. Robison, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of R.R., a Child,

and Concerning S.R.,

Respondent-Appellant.

JUDGMENT AFFIRMED

Division III

Opinion by JUDGE BOORAS

Dailey and Furman, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA2051

Industrial Claim Appeals Office of the State of Colorado

DD No. 17320-2012

Town of Monument,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and Mark A. Carmel,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE KAPELKE*

Davidson, C.J., and Nieto*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA2323

Industrial Claim Appeals Office of the State of Colorado

DD No. 16100-2012

Richard A. Gomez,

Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado and RME Trucking, LLC,

Respondents.

ORDER AFFIRMED

Division VII

Opinion by JUDGE NIETO*

Davidson, C.J., and Kapelke*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA2586

City and County of Denver County Probate Court No. 12MH633

Honorable Ruben M. Hernandez, Judge

The People of the State of Colorado,

Petitioner-Appellee,

In the Interest of Eugene Zuniga,

Respondent-Appellant.

ORDERS AFFIRMED

Division II

Opinion by JUDGE NAVARRO

Casebolt 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. 09CA1142

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Sofio Cruz-Rosales,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 11CA1313

The People of the State of Colorado,

Plaintiff-Appellee,

v.

Daniel John Martinez,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA0414

Rose L. Watson Revocable Trust,

Plaintiff-Appellant,

v.

BP America Production Company,

Defendant-Appellee.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(f)

Court of Appeals No. 12CA1500

The People of the State of Colorado,

Plaintiff-Appellee,

v.

John Alan Britton,

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.