ANNOUNCEMENTS
COLORADO COURT OF APPEALS
JANUARY 24, 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. 09CA1142
Adams County District Court No. 08CR1810
Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sofio Cruz-Rosales,
Defendant-Appellant.
JUDGEMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
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. 09CA1687
Boulder County District Court No. 08CR396
Honorable Thomas F. Mulvahil, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Diego Olmos Alcalde,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 09CA2518
Adams County District Court No. 08CR791
Honorable C. Vincent Phelps, Judge
Honorable Thomas R. Ensor, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Uto Essien,
Defendant-Appellant.
CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA0177
El Paso County District Court No. 08CR3350
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Wayne Stauffer,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 10CA1879
Grand County District Court No. 08CR156
Honorable Mary C. Hoak, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian T. Wilson,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, SENTENCES VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE ROMán
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2538
Mesa County District Court No. 10CR448
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Janella Mae Hubbard,
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. 11CA0247
Larimer County District Court No. 10CR169
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Arturo Luna,
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. 11CA0759
Arapahoe County District Court Nos. 97CR2816 & 97CR3185
Honorable Kurt A. Horton, Judge
Honorable Elizabeth A. Weishaupl, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Wayne Douglas Glasser,
Defendant-Appellant.
ORDER VACATED 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. 11CA1195
Arapahoe County District Court No. 97CR670
Honorable Valeria N. Spencer, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fred Keith Loftin,
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. 11CA1572
El Paso County District Court No. 07CR308
Honorable Robert L. Lowrey, Judge
The People of the State of Colorado,
Plaintiff- Appellee,
v.
Demetrius Alexander Thomas,
Defendant-Appellant.
ORDER 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. 11CA1834
Arapahoe County District Court No. 01CR352
Honorable Marilyn L. Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Paul Fry,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
Court of Appeals No. 11CA1953
Adams County District Court No. 10CR1510
Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Raymond Wallace McAnulty,
Defendant-Appellant.
ORDER 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. 11CA2076
Garfield County District Court No. 89CR21
Honorable Denise K. Lynch, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert John Juarez,
Defendant-Appellant.
Order affirmed
Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2080
Adams County District Court No. 10CR3728
Honorable Patrick T. Murphy, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Robert Torres,
Defendant-Appellant.
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. 11CA2281
Jefferson County District Court No. 09CR420
Honorable Randall C. Arp, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mackenzie Cory Calhoun,
Defendant-Appellant.
ORDER AND SENTENCE AFFIRMED
Division VII
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2521
Adams County District Court No. 02DR2524
Honorable Ted C. Tow, Judge
In re the Parental Responsibilities Concerning D.C.R. and D.C.R., Children,
and Concerning Catarino Ramirez, Jr.,
Appellee,
and
Selina Pacheco,
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. 12CA0042
Bent County District Court No. 11CV75
Honorable Michael Schiferl, Judge
Clay Alexander,
Plaintiff-Appellant,
v.
Michael Anderson, in his official capacity as a member of the Colorado Board of Parole, and other unnamed members of the Colorado Board of Parole, in their official capacities,
Defendants-Appellees.
ORDERS REVERSED 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. 12CA0074
Weld County District Court No. 10CV451
Honorable Dinsmore Tuttle, Judge
Jaime Munoz,
Plaintiff-Appellee,
v.
Clayton Wagner; and Courtesy Electric Company,
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. 12CA0256
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-764-331
Lisa Gailey,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Silver Mine Subs; and Mid-Century Insurance Company,
Respondents.
ORDER AFFIRMED
Division III
Opinion by CHIEF JUDGE DAVIDSON
Sternberg* and Ney*, JJ., concur
Court of Appeals No. 12CA0314
City and County of Denver District Court No. 11CV1721
Honorable Norman D. Haglund, Judge
LaNae Steinhaus; Russ Steinhaus; and In the Dough, Inc., a Colorado corporation,
Plaintiffs-Appellants,
v.
AMCO Insurance Company, an Iowa corporation,
Defendant-Appellee.
Division III
Opinion by JUDGE FURMAN
Dailey and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0355
City and County of Denver District Court No. 10CV7921
Honorable Ann B. Frick, Judge
Steve Bell,
Plaintiff-Appellant,
v.
Piper Jaffray & Co.,
Defendant-Appellee.
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. 12CA0425
Industrial Claim Appeals Office of the State of Colorado
DD No. 11562-2011
R & D International, Inc., d/b/a Young Colors,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training Employer Services - Integrity/Employer Audits,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE WEBB
Fox and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0426
Industrial Claim Appeals Office of the State of Colorado
DD No. 11563-2011
R & D International, Inc. d/b/a Young Colors,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training Employer Services - Integrity Audits,
Respondents.
ORDER AFFIRMED
Division IV
Opinion by JUDGE FOX
Webb and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0604
Boulder County District Court No. 09CV854
Honorable Ingrid S. Bakke, Judge
Loni Bardon-Frey,
Plaintiff-Appellee,
v.
Lasater & Martin, P.C.,
Attorney-Appellant.
ORDER 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. 12CA0609
Arapahoe County District Court No. 10CV2678
Honorable J. Mark Hannen, Judge
Fire and Police Pension Association of Colorado,
Petitioner-Appellee and Cross-Appellant,
v.
Glenn D. Guyman,
Respondent-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE FOX
Lichtenstein, J., concurs
Webb, J., dissents
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0692
City and County of Denver District Court No. 10CV7921
Honorable Ann B. Frick, Judge
Steve Bell,
Plaintiff-Appellant,
v.
Piper Jaffray & Co.,
Defendant-Appellee.
ORDER 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. 12CA0762
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-789-531
Kenneth Martinez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Evraz Rocky Mountain Steel,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE STERNBERG*
Davidson, C.J., and Ney*, J., concur
Court of Appeals No. 12CA0926
Larimer County District Court No. 01CR465
Honorable Julie Kunce Field, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Pecci,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 12CA1755
Adams County District Court No. 11JV187
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.S. and Z.S., Children,
and Concerning S.S.D.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
Court of Appeals No. 12CA1831
Adams County District Court No. 11JV221
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.H.W., I.R.W., and M.A.G., Children,
and Concerning A.C.W.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Miller and Vogt* JJ., concur
Court of Appeals No. 12CA1859
Pueblo County District Court No. 12JV236
Honorable Deborah R. Eyler, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Z.S., a Child,
and Concerning A.M.,
Respondent-Appellant.
ORDER 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. 12CA1861
Industrial Claim Appeals Office of the State of Colorado
DD No. 11078-2012
John R. Dann,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Larchwood Inns, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE NEY*
Davidson, C.J., and Sternberg*, J., concur
Court of Appeals No. 12CA1880
Arapahoe County District Court No. 11JV602
Honorable Timothy L. Fasing, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of C.C., Child,
and Concerning J.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE VOGT*
Casebolt and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1925
Adams County District Court No. 10JV93
Honorable F. Michael Goodbee, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of B.M. and T.M., Children,
and Concerning G.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, 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. 11CA0267
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brian Stockard,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1586
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jeffrey Denton Brosh,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 11CA1887
Ann Marie Damian and John M. Taylor, Jr.,
Plaintiffs-Appellants,
v.
Mountain Parks Electric, Inc., a Colorado cooperative association,
Defendant-Appellee.
Petition for Rehearing DENIED
Court of Appeals No. 11CA2517
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Dmitry Pleshakov,
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.