ANNOUNCEMENTS
COLORADO COURT OF APPEALS
MARCH 21, 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. 09CA1000
Jefferson County District Court No. 06CR4260
Honorable Mary Jo Menendez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
David Miera, Jr.,
Defendant-Appellant.
JUDGMENT 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. 10CA0117
Arapahoe County District Court No. 98CR171
Honorable Kurt A. Horton, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Craft,
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. 10CA0537
El Paso County District Court No. 09CR2132
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Vincente Salas Santos, Jr.,
Defendant-Appellant.
JUDGMENT AND SENTENCE 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. 10CA0683
Jefferson County District Court Nos. 01CR3472 & 02CR1045
Honorable Stephen M. Munsinger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Chance Haskett,
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. 10CA1375
Weld County District Court No. 09CR1014
Honorable Gilbert Andrew Gutierrez, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Phillip Romero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Gabriel and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0179
Jefferson County District Court No. 09CR3177
Honorable Christopher J. Munch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger Lee Nanninga,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Graham and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA0223
Mesa County District Court No. 06CR1183
Honorable Richard T. Gurley, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shane Edward Johnson,
Defendant-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. 11CA0540
Arapahoe County District Court No. 08CR2750
Honorable Kurt A. Horton, Judge
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kindu Jubar Ealey,
Defendant-Appellant.
JUDGMENT 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. 11CA0814
Larimer County District Court No. 06CR1768
Honorable Gregory M. Lammons, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Andrew Michael Kaywood,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Terry and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1034
Otero County District Court No. 04CR247
Honorable Michael A. Schiferl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Willard Clayton Smith,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE GRAHAM
Taubman and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1452
El Paso County District Court No. 10CR2694
Honorable William B. Bain, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kevin Andrew Budynas,
Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE ROMán
Terry and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1768
Weld District Court No. 10CR1613
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jordan Trujillo,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE NEY*
Román and Terry, JJ., concur
Court of Appeals Nos. 11CA1912 & 12CA0028
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-430-788
Kimberly Mahana,
Petitioner and Cross-Appellee,
v.
Industrial Claim Appeals Office of the State of Colorado,
Respondent,
and
Grand County; and County Worker’s Compensation Pool,
Respondents and Cross-Appellants.
ORDERS AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 11CA2028
Arapahoe County District Court No. 05CR3424
Honorable Charles M. Pratt, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roderick Deon Bracken,
Defendant-Appellant.
Order affirmed
Division V
Opinion by JUDGE TERRY
Román and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2480
City and County of Denver District Court No. 89CR245
Honorable Kenneth M. Laff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Joseph S. Herrera,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by CHIEF JUDGE DAVIDSON
Márquez* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0144
Jefferson County District Court No. 90CR1114
Honorable Tom Woodford, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alan Swendra,
Defendant-Appellant.
ORDER AFFIRMED IN PART, SENTENCE REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Vogt*, J., concur
Court of Appeals No. 12CA0405
Fremont County District Court No. 10CV226
Honorable Stephen A. Groome, Judge
Karl H. Beecroft,
Plaintiff-Appellant,
v.
Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Graham and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0452
Elbert County District Court No. 09CV408
Honorable Jeffrey K. Holmes, Judge
Michael Woodard,
Plaintiff-Appellant,
v.
Elizabeth 86 Investments, LLC, a Colorado limited liability company; Elizabeth 86 II, LLC, a Colorado limited liability company; Elizabeth 86 Water, LLC, a Colorado limited liability company; and Snell & Wilmer LLP,
Defendants-Appellees.
JUDGMENTS 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. 12CA0478
Boulder County District Court No. 98CR2283
Honorable Thomas F. Mulvahill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James Thomas Gettings,
Defendant-Appellant.
ORDER 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. 12CA0619
Boulder County District Court No. 07DR1444
Honorable James C. Klein, Judge
In re the Marriage of
Elaine Iatridis, n/k/a Elaine Lyria Pascal,
Appellee,
and
Asimakis Iatridis,
Appellant.
APPEAL DISMISSED AND CASE
REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GRAHAM
Taubman and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0671
Montrose County District Court No. 11CV400
Honorable Mary E. Deganhart, Judge
Elly Just,
Plaintiff-Appellee,
v.
David P. Lorentzen,
Defendant-Appellant.
ORDERS AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 12CA0680
El Paso County District Court No. 08CV1098
Honorable David A. Gilbert, Judge
Rasa Krasauskiene,
Plaintiff-Appellant,
v.
Ptarmigan Townhouse Owners’ Association, Inc.,
Defendant-Appellee.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
Court of Appeals No. 12CA0918
Industrial Claim Appeals Office of the State of Colorado
DD No. 31748-2011
Rudy M. Ornelas,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Warning Lites of Colorado, Inc.,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE MÁRQUEZ*
Davidson, C.J., and Ney*, J., concur
Court of Appeals No. 12CA0927
Board of Assessment Appeals No. 59637
Jason W. Bradford; Dale Anthony Bradford Trust; Karen Jo Harper Bradford Trust; Tony Bradford; and Karen Bradford,
Petitioners-Appellees,
v.
Chaffee County Board of Equalization,
Respondent-Appellant,
and
Board of Assessment Appeals.
Appellee.
ORDER 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. 12CA1335
Lincoln County District Court No. 09CR40
Honorable Jeffrey K. Holmes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tommy Edward Cowart,
Defendant-Appellant.
SENTENCE 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. 12CA1351
Industrial Claim Appeals Office of the State of Colorado
DD No. 5928-2012
Ashley J. Zamani,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Timothy Masterson D.D.S., P.C.,
Respondents.
ORDER 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. 12CA1401
City and County of Denver District Court Nos. 99CR4131 and 99CR4135
Honorable Herbert L. Stern, III, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Roger L. Clarke,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE VOGT*
Davidson, C.J., and Márquez*, J., concur
Court of Appeals No. 12CA1464
Crowley County District Court No. 11CV63
Honorable Michael Schiferl, Judge
Reginald Keith Reed,
Plaintiff-Appellant,
v.
Colorado Department of Corrections and Colorado Parole Board,
Defendants-Appellees.
APPEAL DISMISSED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 12CA1811
Industrial Claim Appeals Office of the State of Colorado
DD No. 6576-2012
Kenneth A. Kovacic,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado School of Mines 270 300,
Respondents.
ORDER
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. 12CA2286
Industrial Claim Appeals Office of the State of Colorado
DD No. 4680-2012
Robert H. Johnston,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and ESG Achievement,
Respondents.
ORDER AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 12CA2491
Industrial Claim Appeals Office of the State of Colorado
DD No. 20431-2012
Patricia A. Meek,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Walgreen Company,
Respondents.
ORDER 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. 12CA2560
Pueblo County District Court No. 10MH33
Honorable William Alexander, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Earl James Crownhart,
Respondent-Appellant.
ORDERS 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. 12CA2653
Industrial Claim Appeals Office of the State of Colorado
DD No. 20854-2012
Charles J. Warren,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and LOCO, Inc.,
Respondents.
ORDER AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Bernard and J. Jones, 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. 10CA1268
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul David Minich,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 11CA0501
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark William Fraser,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1163
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Sean Edmond,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0247
Autumn Warner, d/b/a Autumn Teneyl Designs,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Division of Employment and Training,
Respondents.
Petition for Rehearing DENIED
Court of Appeals No. 12CA0886
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Airrik Jermal Russell,
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.