ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MAY 30, 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. 10CA0034
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0053
Adams County District Court No. 04CR3845
Honorable C. Scott Crabtree, Judge
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roberto Martinez-Ruiz,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0197
Adams County District Court No. 08CR1660
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Henry Alexander,
Defendant-Appellant.
JUDGMENTS 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. 10CA1092
El Paso County District Court No. 09CR432
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Joseph Smith,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1541
Boulder County District Court No. 08CR1124
Honorable Maria E. Berkenkotter, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Neal Kramer,
Defendant-Appellant.
JUDGMENT affirmed
Division VII
Opinion by JUDGE TERRY
Loeb and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1971
Larimer County District Court No. 09CR1692
Honorable Stephen J. Schapanski, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Brian Kitzke,
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. 11CA0426
Adams County District Court No. 09CR3347
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Nicholas Sanchez,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE FOX
Taubman and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1478
Mesa County District Court No. 94CR576
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nathan Ray Lucero,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1489
Pueblo County District Court No. 03PR120
Honorable Jill Mattoon, Judge
In re the Estate of Joseph L. Keleman, deceased.
Billie L. Champion,
Appellant,
v.
Barbara B. Carol and Casa Del Norte, LLC,
Appellees.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Carparelli, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1675
City and County of Denver District Court No. 04CR549
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Todd O’Conner Mayes,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Carparelli and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1792
Adams County District Court No. 09CR3273
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Pamela Irene Branson,
Defendant-Appellant.
ORDERS AFFIRMED
Division III
Opinion by JUDGE DAILEY
Bernard and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2499
Jefferson County District Court No. 10CV5343
Honorable Brian D. Boatright, Judge
Honorable Stephen M. Munsinger, Judge
Steve Williams,
Plaintiff-Appellant,
v.
Clayton L. Durbin, individually; and as owner of Durbin Real Estate and Partnership, d/b/a Elmwood Apartments; and Adam Kuntze,
Defendants-Appellees.
JUDGMENT AND ORDER REVERSED
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE ROTHENBERG*
Furman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0113
Weld County District Court No. 08CR300
Honorable Thomas J. Quammen, Judge
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Abraham Olivas-Sepulbeda,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0768
Boulder County District Court No. 11CR540
Honorable Thomas F. Mulvahill, Judge
The People of the State of Colorado,
Plaintiff-Appellant,
v.
Adam Ari Raszynski,
Defendant-Appellee.
RULINGS APPROVED IN PART AND DISAPPROVED IN PART
Division III
Opinion by JUDGE GABRIEL
Dailey and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0864
Douglas County District Court No. 09CV1629
Honorable Paul A. King, Judge
Dmitry Katsel and Helene Katsel,
Plaintiffs-Appellants,
v.
American Family Mutual Insurance Company and Gary J. Audi Agency, Inc.,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE ROY*
Webb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0868
Fremont County District Court No. 10CV210
Honorable Julie G. Marshall, Judge
The Pueblo Bank and Trust Company,
Plaintiff-Appellee,
v.
Randy Lanosga, Jr. and Bennie Lou Lanosga,
Defendants-Appellants.
JUDGMENTS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1229
Jefferson County District Court No. 10DR2771
Honorable Jack W. Berryhill, Judge
In re the Marriage of
Darcey Zaffree, n/k/a Darcey Saner,
Appellee,
and
Glenn John Zaffree,
Appellant.
ORDER REVERSED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1312
Adams County District Court No. 11JD315
Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Petitioner-Appellant,
In the Interest of E.M.,
Juvenile-Appellee.
ORDER 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. 12CA1355
El Paso County District Court No. 05DR4016
Honorable Jann P. Dubois, Judge
In re the Marriage of
Scott R. Saunders,
Appellant,
and
Debra Dee Saunders,
Appellee.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Román and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1395
City and County of Denver District Court No. 11CV7075
Honorable Robert L. McGahey, Jr., Judge
Regional Transportation District, a political subdivision of the State of Colorado,
Petitioner-Appellee,
v.
5200 LLC, a Colorado limited liability company,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BERNARD
Dailey and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1634
Weld County District Court No. 11CV542
Honorable Dinsmore Tuttle, Judge
McGillis Investment Company, L.L.P.,
Plaintiff-Appellant,
v.
First Interstate Financial Utah, LLC, a Utah limited liability company; First Interstate Financial, LLC, a Nevada liability company; and Paul Thurston, Individually; and as Manager of First Interstate Financial Utah, LLC; and as Manager of First Interstate Financial, LLC,
Defendants-Appellees.
decree vacated, judgment affirmed in part
and reversed in part, and case remanded with directions
Division VII
Opinion by JUDGE TERRY
Loeb and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 12CA1917 & 12CA2162
Industrial Claim Appeals Office of the State of Colorado
WC Nos. 4-865-049-02 & 4-865-048-02
Victor Barrera,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; ABM Industries, Inc.; and Ace American Insurance Company,
Respondents.
ORDERS AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0325
Industrial Claim Appeals Office of the State of Colorado
DD No. 26049-2012
Lonnie N. Colglazier,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Heyl Construction, Inc.,
Respondents.
ORDER AFFIRMED
Division A
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0413
Pueblo County District Court No. 95MH502
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Dennis Merrell,
Respondent-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Lichtenstein and Dunn, 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. 07CA1044
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Mark Archuleta,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0994
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jessica Renee Muniz,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1674
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Ray Wilbourn,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1939
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vanessa Ann Zubiate,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 12CA0402
Elizabeth Foster; Carolynn DeJaynes; Kenneth R. Shinn; Manuel I. Villareal; Joe Vance; Christopher St. Peters; Tiffany St. Peters; Gladys Holt, individually, and as mother and next friend of Alexandria Holt and Kyle Holt; Dalila Holt; Eric Thomas; Richard Aguirre; and Ortencia Aguirre,
Plaintiffs-Appellants,
v.
KTA-Tator, Inc.; Structural Integrity Associates, Inc.; and Graco, Inc.,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 12CA1250
Plains Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,
Plaintiff-Appellant,
v.
Ken-Caryl Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado,
Defendant-Appellee,
and
Jan Rousselot, Patricia Lynch, and Ruth Sundberg,
Intervenors-Appellees.
Opinion Modified and
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.