ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MARCH 7, 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. 09CA1094
Adams County District Court No. 06CR3387
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William K. Shipp, III,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED IN
PART AND VACATED IN PART
Division V
Opinion by JUDGE VOGT*
Román, J., concurs
Terry, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2143
Douglas County District Court No. 02CR416
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark A. Schnabel,
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. 10CA0317
Jefferson County District Court No. 08CR3092
Honorable Brooke Jackson, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Allen Kidwell,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1280
City and County of Denver District Court No. 09CR408
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Damon A. Fields,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE J. JONES
Bernard and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1951
City and County of Denver District Court No. 09CR3746
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alejandro Rojas-Bravo,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 10CA2483
City and County of Denver District Court No. 08CR6205
Honorable Michael A. Martinez, Judge
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Albert Maldonado,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0015
Pueblo County District Court No. 09CR1493
Honorable Thomas Bradford Flesher, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lorenzo Oscar Gonzalez,
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. 11CA0501
Arapahoe County District Court No. 00CR2990
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark William Fraser,
Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 11CA1455
Jefferson County District Court No. 10CR2843
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John McKinley,
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 Nos. 11CA1605
Jefferson County District Court No. 11CV2039
Honorable Christie B. Phillips, Judge
Bank of New York Mellon, f/k/a The Bank of New York, as Trustee for the certificate holders of CWHEQ Revolving Home Equity Loan Trust, Series 2007-G,
Plaintiff-Appellee,
v.
William R. Heiss,
Defendant-Appellant.
JUDGMENT 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. 11CA1851
City and County of Denver District Court No. 09CV4962
Honorable Brian R. Whitney, Judge
T. Lawton Roberts,
Plaintiff-Appellant,
v.
L&H, LLC; Laura A. Newman, LLC, d/b/a Herb’s and Herb’s Jazz and Blues; Holly Morrison, individually; and Laura A. Newman, individually,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WEBB
Lichtenstein and Fox, JJ., concur
Court of Appeals Nos. 11CA2388 & 12CA1159
La Plata County District Court No. 09CV363
Honorable David L. Dickinson, Judge
XTO Energy, Inc.,
Plaintiff-Appellee,
and
Kenneth Ray Cardwell and Clara Jane Cardwell (husband and wife); Jennifer Lynn Lake; Patricia Ann Rider Jones, a/k/a Patricia Ann Jones; and Ruby D. Stockdale,
Defendants-Appellees,
v.
Seawatch Royalty Partners LLC, a Wyoming limited liability company,
Defendant-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. 11CA2501
El Paso County District Court No. 09CV6861
Honorable G. David Miller, Judge
Nolte Associates, Inc.,
Plaintiff-Appellant and Cross-Appellee,
v.
Lynn Kehler,
Defendant-Appellee and Cross-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 11CA2552 & 12CA0234
City and County of Denver District Court No. 09CV5260
Honorable Ann B. Frick, Judge
Citywide Banks, a Colorado state chartered bank,
Plaintiff-Appellee,
v.
Barnes-Keesee, L.L.C.; and HSB, L.L.C.,
Defendants-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2618
Arapahoe County District Court No. 06CR2462
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Eric Keith Chapman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0036
City and County of Denver District Court No. 09CV11343
Honorable R. Michael Mullins, Judge
Marla Geltner,
Plaintiff-Appellant,
v.
Max Mitchell,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE J. JONES
Bernard and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0073
Boulder County District Court No. 97DR271
Honorable James C. Klein, Judge
In re the Marriage of
Susan Marie Jensen, n/k/a Susan Marie Wisecup,
Appellee,
and
Rod Eric Jensen,
Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE NAVARRO
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R.35(f)
Court of Appeals No. 12CA0465
Boulder County District Court No. 10CV362
Honorable Andrew R. Macdonald, Judge
Frontier Mechanical, Inc.,
Plaintiff-Appellant,
v.
Chick-fil-A, Inc.; and Safeco Insurance Company of America,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0504
El Paso County District Court No. 11CV281
Honorable David A. Gilbert, Judge
Waldo Mackey,
Plaintiff-Appellant,
v.
Tom Clements, Executive Director, Colorado Department of Corrections; Pamela Ploughe, Warden, Colorado Territorial Correctional Facility; Dr. Lindsey Fish de Peña; Joyce Crounk, Medical Employee; Danny Englund, Physicians Assistant; and Anthony DeCesaro, Step 3 Grievance Officer,
Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0512
Adams County District Court No. 04CR701
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Stein,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0600
San Miguel County District Court No. 10CV105
Honorable Mary E. Deganhart, Judge
Trent Cowart and Janice Cowart,
Plaintiffs-Appellants,
v.
Town of Telluride, Colorado, a municipal corporation,
Defendant-Appellee.
JUDGMENT REVERSED IN PART
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0742
Eagle County District Court No. 10CV295
Honorable R. Thomas Moorhead, Judge
Piney Valley Ranches Trust; Daniel J. Leary; and Eric Applegate,
Plaintiffs-Appellants,
v.
Horse Mountain Ranch Metropolitan District,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIREDTIONS
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 12CA0751
El Paso County District Court No. 97CR3005
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicky Larone Smith,
Defendant-Appellant.
ORDER 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. 12CA1115
Jefferson County District Court No. 10CV5117
Honorable Tamara S. Russell, Judge
D.T.,
Plaintiff-Appellant,
v.
K.S.,
Defendant-Appellee.
JUDGMENT 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. 12CA1255
Mesa County District Court No. 11JD277
Honorable Thomas W. Ossola, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.G.,
Juvenile-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. 12CA1304
Douglas County District Court No. 10JV70
Honorable Richard B. Caschette, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of S.R., a Child,
and Concerning M.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1307
Arapahoe County District Court No. 97CR3747
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher J. Cox,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1493
Logan County District Court No. 10JV76
Honorable Michael K. Singer, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of I.D., a Child,
and Concerning P.D. and M.D.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1983
El Paso County District Court No. 11JV760
Honorable Thomas L. Kennedy, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.S.G., a Child,
and Concerning C.B.,
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. 12CA2186
Pueblo County District Court No. 12MH293
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Marla Posey,
Respondent-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2470
Pueblo County District Court No. 12MH316
Honorable William David Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Andrea Ferguson,
Respondent-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Dailey and Furman, 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. 10CA2659
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raymond Albert Cano,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0111
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Galen Duey Robbins, Jr.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0241
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Will Corson,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0992
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Frederick D. Moore,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1162
Janny Barizonte,
Plaintiff-Appellant,
and
E. Ronald Beeks,
Attorney-Appellant,
v.
Bouboulina, Inc., d/b/a Vinyl; Darryl Honor, d/b/a LDH Protective Services,
Defendants-Appellees.
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.