ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JUNE 6, 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. 08CA0738
Arapahoe County District Court No. 06CR144
Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alberto Valles,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE TAUBMAN
Graham and Hawthorne, JJ., concur
Court of Appeals No. 10CA2445
Douglas County District Court No. 09CR661
Honorable Paul A. King, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dennis Floyd Foster,
Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE WEBB
Hawthorne and Richman, JJ., concur
Court of Appeals No. 11CA2338
City and County of Denver District Court No. 11CR487
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Moore,
Defendant-Appellant.
JUDGMENT VACATED
Division III
Opinion by JUDGE KAPELKE*
Furman, J., concurs
Booras, J., dissents
Court of Appeals No. 12CA0451
Jefferson County District Court No. 10CV4577
Honorable Lily W. Oeffler, Judge
Barbara Jordan,
Plaintiff-Appellee,
v.
Panorama Orthopedics & Spine Center, PC,
Defendant-Appellant.
JUDGMENT REVERSED
Division VII
Opinion by JUDGE J. JONES
Bernard, J., concurs
Richman, J., dissents
Court of Appeals No. 12CA0691
City and County of Denver District Court No. 10CV3833
Honorable Norman D. Haglund, Judge
Medical Lien Management, Inc., a Colorado corporation,
Plaintiff-Appellant and Cross-Appellee,
v.
Allstate Insurance Company, an Illinois corporation,
Defendant-Appellee and Cross-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Sternberg* and Vogt*, JJ., concur
Court of Appeals Nos. 12CA0954 & 12CA1611
City and County of Denver District Court No. 10CV6385
Honorable Edward D. Bronfin, Judge
Moye White LLP, a Colorado limited liability partnership,
Plaintiff-Appellee,
v.
David I. Beren,
Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Román and Sternberg*, JJ., concur
Court of Appeals No. 12CA1266
Colorado Board of Assessment Appeals
Nos. 57395 and 57396
Marsico Capital Management, LLC,
Petitioner-Appellant,
v.
Denver Board of County Commissioners,
Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
ORDER AFFIRMED
Division I
Opinion by JUDGE ROMán
Taubman and Fox, JJ., concur
Court of Appeals No. 12CA1556
Pueblo County District Court No. 11CV161
Honorable Jill S. Mattoon, Judge
Charlotte L. Ruiz,
Plaintiff-Appellant,
v.
Hope for Children, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE DUNN
Casebolt and Lichtenstein, JJ., concur
Court of Appeals No. 12CA1813
Jefferson County District Court No. 11CV4163
Honorable Jane A. Tidball, Judge
Coors Brewing Company; Rocky Mountain Metal Container, LLC; and MillerCoors, LLC,
Plaintiffs-Appellees and Cross-Appellants,
v.
City of Golden, Colorado; and Jeff Hansen, in his official capacity as Finance Director for the City of Golden, Colorado,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AND ORDER AFFIRMED
Division III
Opinion by JUDGE BERNARD
Dailey and Gabriel, 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. 09CA0783
Weld County District Court No. 05CR2082
Honorable Gilbert A. Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth Daub,
Defendant-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE NEY*
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA1794
Jefferson County District Court No. 08CR1555
Honorable M.J. Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Susan Lynette Zalatan,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FURMAN
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2167
City and County of Denver District Court No. 99CR4640
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Visith Ny,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE KAPELKE*
Casebolt and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0095
El Paso County District Court No. 08CR3937
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Ronald Benino Cruz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Webb and Hawthorne, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1729
City and County of Denver District Court No. 09CR1660
Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Barbara Sue Hemker,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GRAHAM
Furman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2123
Moffat County District Court No. 09CR198
Honorable Shelley A. Hill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tausha Lorraine Merwin,
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. 11CA0156
Lake County District Court No. 03CV34
Honorable Karen Ann Romero, Judge
La Plata Mountain Resources, Inc.,
Plaintiff-Appellee and Cross-Appellant,
v.
Leadville Mining Corporation, a Colorado corporation,
Defendant,
and
Scot B. Hutchins and John H. Gasper,
Defendants-Appellants and Cross-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE KAPELKE*
Furman and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0292
City and County of Denver District Court No. 02CR2360
Honorable Christina Marie Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Miguel Trimble,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE NIETO*
Graham and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0530
Mesa County District Court Nos. 90CR75, 91CR30 & 91CR31
Honorable Brian J. Flynn, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Patrick L. Brenner,
Defendant-Appellant.
ORDERS AFFIRMED
Division VII
Opinion by JUDGE NEY*
Loeb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0602
Grand County District Court No. 06CR176
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Karin L. Leslie,
Defendant-Appellant.
ORDER AND JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Graham and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2035
Clear Creek County District Court No. 08CR50
Honorable Russell H. Granger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony Richard Allen,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE CARPARELLI
J. Jones and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0818
El Paso County District Court No. 09CV7408
Honorable Deborah J. Grohs, Judge
State Bank,
Plaintiff,
v.
Space Village Properties, LLC; Southern Belle Construction, Inc.; Margaret H. Carnes; Lori L. Cox; Larry N. Carnes; and Lonnie R. Cox
Defendants-Appellants and Cross-Appellees,
v.
James Whidden and Laca-Loja, LLC,
Defendants-Appellees and Cross-Appellants.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
ORDER AFFIRMED, AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE HAWTHORNE
Webb and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0996
Adams County District Court No. 10CV1732
Honorable C. Scott Crabtree, Judge
Kindred Nursing Centers West, L.L.C., d/b/a Malley Healthcare and Rehabilitation Center,
Plaintiff-Appellee,
v.
Marco F. Bendinelli,
Attorney-Appellant.
Division V
Opinion by JUDGE FURMAN
Graham and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2058
Arapahoe County District Court No. 01CV3673
Honorable Gerald J. Rafferty, Judge
Kenneth P. O’Hanlon, f/k/a Kenneth P. Hanlon,
Plaintiff-Appellee,
v.
American National Property and Casualty Company, a Missouri company,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE MILLER
Graham and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2366
Industrial Claim Appeals Office of the State of Colorado
DD No. 3902-2012
Joanne M. Otero,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Kaiser Foundation Health Plan,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Webb and Richman, 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. 09CA1743
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Pedro Osorio-Bahena,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 09CA2081
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Louis Madden,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA1075
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyson Curt Pfau,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1206
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shannon Nelson,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 12CA0569
Hunter Industries, Inc., a Colorado corporation,
Plaintiff-Appellant,
v.
Matthews Custom Homes, Inc., a Colorado corporation; Rick Matthews; Lisa Matthews; and Fred Matthews,
Defendants-Appellees.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0596
Leslie R. Evans and Esther H. Evans,
Plaintiffs-Appellants,
v.
BCB Properties, LLC, a Colorado limited liability company; and Alan Towbin,
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.