ANNOUNCEMENTS
COLORADO COURT OF APPEALS
APRIL 18, 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. 09CA1523
Larimer County District Court No. 08CR804
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Whitler,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Fox, J., concurs
Lichtenstein, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2771
Weld County District Court No. 08CR2289
Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles Reinhardt,
Defendant-Appellant.
JUDGMENT REVERSED 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. 10CA0468
Douglas County District Court No. 06CR742
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Benjamin Sands,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE GABRIEL
Loeb and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0589
Jefferson County District Court No. 09CR1117
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reana Corinne Renaud,
Defendant-Appellant.
JUDGMENT REVERSED
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1876
City and County of Denver District Court No. 09CR3921
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Genaro Lozano-Salazar,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WEBB
Fox, J., concurs
Lichtenstein, J., specially concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0392
Mesa County District Court No. 06CR98
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robin Jay Clifton,
Defendant-Appellant.
ORDER 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. 11CA0578
Arapahoe County District Court No. 04CR2513
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Russell L. Tucker,
Defendant-Appellant.
SENTENCE AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Rothenberg*, JJ., concur
Court of Appeals No. 11CA0973
City and County of Denver District Court Nos. 94CR3258, 97CR4674 & 98CR4243
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Joe Garcia,
Defendant-Appellant.
ORDERS 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. 11CA1015
Adams County District Court No. 00CR1673
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Daniel Gregory Melina, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Loeb and Gabriel, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1740
City and County of Denver District Court No. 97CR1331
Honorable William D. Robbins, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Joe Garcia,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
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. 11CA2222
Arapahoe County District Court Nos. 06CR2917, 09CR2737, 10CR142, & 10CR148
Honorable Carlos A. Samour, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Clynell Watts,
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. 11CA2262
El Paso County District Court No. 91CR1718
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carl William Pursley, Jr.,
Defendant-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. 11CA2447
City and County of Denver District Court No. 11CV4568
Honorable A. Bruce Jones, Judge
Christopher E. Urbina, M.D., M.P.H., Executive Director and Chief Medical Officer, Colorado Department of Public Health and Environment,
Petitioner-Appellee,
v.
C.M.,
Respondent-Appellant.
ORDER VACATED
Division IV
Opinion by JUDGE LICHTENSTEIN
Gabriel and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0584
Mesa County District Court No. 00CR1023
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tye Jason Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0596
San Miguel County District Court No. 10CV79
Honorable James W. Schum, Judge
Leslie R. Evans and Esther H. Evans,
Plaintiffs-Appellants,
v.
BCB Properties, LLC, a Colorado limited liability company; and Alan Towbin,
Defendants-Appellees.
JUDGMENT AFFIRMED 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. 12CA0754
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-786-402
Cristela Revolorio-Linares,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; JBS Swift and Company; and Zurich American Insurance Company,
Respondents.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0838
El Paso County District Court No. 94CR103
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert E. Ziegler, a/k/a Robert E. Zeigler,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Weld County District Court No. 11DR1048
Honorable Marcelo A. Kopcow, Judge
In re the Marriage of
Jodie Aakko, f/k/a Jodie Watson,
Appellant,
and
Michael Lanier Watson,
Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concurs
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0963
City and County of Denver District Court No. 02DR470
Honorable William W. Hood, III, Judge
In re the Marriage of
Wayne Anthony Leanza,
Appellant,
and
Stephanie Baldwin Urban,
Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1022
City and County of Denver District Court No. 10CV927
Honorable Christina M. Habas, Judge
Astralease Associates, Inc.,
Plaintiff-Appellee,
v.
Richard Gaetano, d/b/a Affordable Towing; and Kimberly Gaetano,
Defendants-Appellants.
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. 12CA1053
Jefferson County District Court No. 12CR147
Honorable Philip J. McNulty, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Anthony Reynolds,
Defendant-Appellant.
SENTENCE 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. 12CA1077
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1106
Logan County District Court No. 10CV119
Honorable Douglas R. Vannoy, Judge
Michael Wayne Bingham,
Plaintiff-Appellant,
v.
Lieutenant Jessica Dorcey, Captain E.T. Hoffman, Assistant Warden Carol Soares, Grievance Officer Anthony Decesaro, Lieutenant Tideman, Sergeant Steerman, and Sergeant Ball,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE BOORAS
Furman and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1226
El Paso County District Court Nos. 06CR1590 & 07CR1975
Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Rodriguez, Jr.,
Defendant-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. 12CA1448
El Paso County District Court No. 12CV159
Honorable William G. Trujillo, Magistrate
Cynthia M. Anderson,
Petitioner-Appellant,
v.
The People of the State of Colorado,
Respondent-Appellee.
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. 12CA1451
El Paso County District Court No. 99CR3267
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gerry Dale Roadcap,
Defendant-Appellant.
ORDER AFFIRMED
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. 12CA1514
City and County of Denver Juvenile Court No. 11JD1172
Honorable D. Brett Woods, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.N., a Child,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE ROTHENBERG*
Davidson, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1651
Jefferson County District Court No. 11CV5265
Honorable Lily W. Oeffler, Judge
Mark Anthony Dugan,
Plaintiff-Appellant,
v.
Colorado Department of Revenue, Division of Motor Vehicles, acting by and through its Executive Director, Barbara J. Brohl,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Terry and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1876
Moffat County District Court No. 11JV19
Honorable Michael A. O’Hara, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.S.-C. and O.S.-C., Children,
and Concerning S.C.,
Respondent-Appellee.
JUDGMENT 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. 12CA1943
Fremont County District Court No. 10JV206
Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of D.V., K.V., K.L.V., and R.W., Children,
and Concerning C.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Carparelli and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2231
City and County of Denver Juvenile Court Nos. 10JV1564 & 11JV1254
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of J.K.M. and A.M.F.M., Children,
and Concerning N.D.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur
Court of Appeals No. 12CA2411
Industrial Claim Appeals Office of the State of Colorado
DD No. 11981-2012
Mark A. Passarelli,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado Department of Corrections,
Respondents.
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. 12CA2611
Industrial Claim Appeals Office of the State of Colorado
DD No. 12648-2012
Suzette M. Buss,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Qlallison Care Center LLC, d/b/a Allison Care Center LLC,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0017
Industrial Claim Appeals Office of the State of Colorado
DD No. 22209-2012
Sheila K. Pedersen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Southwest Health System, Inc.,
Respondents.
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. 13CA0083
Industrial Claim Appeals Office of the State of Colorado
DD No. 12749-2012
Shevon L. Brooks,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Accent on Independence, Inc.,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Lichtenstein, 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. 09CA2147
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Charles Houser,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 10CA2106
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tony Marcell Singleton,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0105
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ivan Joseph Sinovcic,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA1851
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.
Petitions for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0133
In re the Support of ADH-M, a Child,
and Concerning JMH,
Petitioner-Appellant,
and
LAM,
Respondent-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0445
Target Corporation, a Minnesota corporation,
Plaintiff-Appellee,
v.
Prestige Maintenance USA, Ltd.,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 12CA1333
John C. Corbridge,
Petitioner-Appellant,
v.
Jefferson County Board of Equalization,
Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1401
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger L. Clarke,
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.