ANNOUNCEMENTS
COLORADO COURT OF APPEALS
FEBRUARY 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. 09CA1640
City and County of Denver District Court No. 08CR2884
Honorable R. Michael Mullins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Alberto Martinez,
Defendant-Appellant.
JUDGMENT 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. 10CA0170
Jefferson County District Court No. 08CR1063
Honorable Jack W. Berryhill, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christine Michelle Vinson,
Defendant-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE CASEBOLT
Miller and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA1268
Larimer County District Court No. 08CR1722
Honorable Terence A. Gilmore, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Paul David Minich,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
Court of Appeals No. 10CA1278
Adams County District Court No. 08CR3330
Honorable John T. Bryan, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gabriel Feliciano Diaz,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE DUNN
Loeb and Gabriel, JJ., concur
Court of Appeals No. 10CA2259
El Paso County District Court No. 99CR4252
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Sean Edmond,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE ROMán
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 10CA2579
City and County of Denver District Court Nos. 09CR190 & 09CR2793
Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Reginald William Whitaker-Bey,
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. 11CA0625
Arapahoe County District Court No. 03CR2678
Honorable Marilyn L. Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Andrew Jesso,
Defendant-Appellant.
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. 11CA1589
City and County of Denver Juvenile Court No. 11JA95
Honorable Karen M. Ashby, Judge
Honorable Howard V. Bartlett, Magistrate
In re the Petition of the Estate of David Vernon Roll,
Petitioner-Appellant,
and Concerning the People of the State of Colorado,
Respondent-Appellee.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE LICHTENSTEIN
Fox, J., concurs
Webb, J., dissents
Court of Appeals No. 11CA1793
Arapahoe County District Court No. 10CR2069
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victor Bonifacio Gonzales,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE GRAHAM
Taubman and Hawthorne, JJ., concur
Court of Appeals No. 11CA1925
Adams County District Court No. 10CR1143
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Salvador Antonio Beserra,
Defendant-Appellant.
JUDGMENT 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. 11CA1996
El Paso County District Court No. 08CR560
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
John F. Fisher,
Defendant-Appellant.
ORDERS AFFIRMED 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. 11CA2287
City and County of Denver District Court No. 06CR312
Honorable Christina M. Habas, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
James E. Washington,
Defendant-Appellant.
ORDER AFFIRMED
Division IV
Opinion by JUDGE LICHTENSTEIN
Webb and Fox, JJ., concur
Court of Appeals No. 11CA2290
Arapahoe County District Court No. 11CV1810
Honorable J. Mark Hannen, Judge
Courtnee M. Fann,
Petitioner-Appellant,
v.
Office of Administrative Courts,
Respondent-Appellee.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 11CA2296
Arapahoe County District Court No. 10DR3442
Honorable Kathleen Marie Janski, Magistrate
In re the Marriage of
Dae Hung Im,
Appellant,
and
Gina S. Kim,
Appellee.
Order REVERSED And Case
remanded with directions
Division V
Opinion by JUDGE TERRY
Carparelli and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2320
Arapahoe County District Court No. 08CR2762
Honorable Elizabeth Beebe Volz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Victoria Dawn Wright,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART 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. 11CA2346
Larimer County District Court Nos. 07CR1533, 08CR227, 08CR409 & 09CR720
Honorable Dave Williams, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nikolay Borisivich Pokatilov,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2353
El Paso County District Court No. 04DR1903
Honorable Will Bain, Judge
In re the Marriage of
Christopher P. Forno,
Appellee and Cross-Appellant,
and
N. Elizabeth Forno,
Appellant and Cross-Appellee
and Concerning El Paso County CSE Unit
Intervenor-Appellee.
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. 11CA2378
La Plata County District Court No. 07CV118
Honorable Jeffrey R. Wilson, Judge
Daniel Hoch, d/b/a Daniel’s Concrete & Excavation,
Plaintiff-Appellee,
v.
James E. Preston,
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. 11CA2566
Boulder County District Court No. 10CV1220
Honorable Ingrid S. Bakke, Judge
Honorable Lisa D. Hamilton-Fieldman, Magistrate
Renee Donia and Brandon David,
Plaintiffs-Appellants,
v.
Robin Schiesser,
Defendant-Appellee.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE HAWTHORNE
Taubman and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2571
City and County of Denver District Court No. 10CR10131
Honorable William D. Robbins, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Perez,
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. 12CA0265
Douglas County District Court No. 11CV2243
Honorable Vincent R. White, Judge
Gunther Eugene Aguilar-Glaub,
Plaintiff-Appellant,
v.
Honorable Paul A. King,
Defendant-Appellee.
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. 12CA0416
Douglas County District Court No. 08CV2141
Honorable Richard B. Caschette, Judge
The Hal Marshall Sears Revocable Trust,
Plaintiff-Appellant,
v.
Performance Engineering, Inc.; and Thomas Schott, P.E.,
Third-Party Defendants-Appellees.
APPEAL DISMISSED IN PART
AND JUDGMENT 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. 12CA0446
Arapahoe County District Court No. 09CV1855
Honorable Charles M. Pratt, Judge
Adam Robert Vanderpool,
Plaintiff-Appellant,
v.
Jeremy Loftness,
Defendant-Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART,
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. 12CA0601
El Paso County District Court No. 08DR3058
Honorable Michael P. McHenry, Judge
In re the Marriage of
Kelly Roth,
Appellant,
and
Robert Roth,
Appellee.
ORDER AFFIRMED
Division V
Opinion by JUDGE CARPARELLI
Román and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0800
Industrial Claim Appeals Office of the State of Colorado
WC No. 4-674-208
Diane L. Coxen,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Laidlaw Transit, Inc.; and Insurance Company of the State of Pennsylvania,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE CASEBOLT
Miller and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0886
City and County of Denver District Court No. 89CR2418
Honorable Shelley I. Gilman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Airrik Jermal Russell,
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. 12CA0921
City and County of Denver District Court No. 11CV1584
Honorable Michael A. Martinez, Judge
Michael Sackel,
Plaintiff-Appellant,
v.
Ronald Phillips; Timothy Nester; Comcast Cable Communications, LLC; and Comcast Cable Communications Holdings, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GABRIEL
Loeb and Dunn, JJ., concur
Court of Appeals No. 12CA1080
Arapahoe County District Court No. 07CR619
Honorable Elizabeth Beebe Volz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesse Joseph Paiz,
Defendant-Appellant.
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. 12CA1085
Montrose County District Court No. 11CV472
Honorable Mary E. Deganhart, Judge
Paula Marlatt and William W. Marlatt,
Plaintiffs-Appellants,
v.
Bank of America, N.A.; Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP; and Mortgage Electronic Registration Systems, Inc.,
Defendants-Appellees.
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. 12CA1194
Garfield County District Court No. 11CV30
Honorable Daniel B. Petre, Judge
Joseph P. Cotter,
Plaintiff-Appellant,
v.
The Law Offices of Paul Gertz, P.C.,
Defendant-Appellee.
JUDGMENT 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. 12CA1622
Larimer County District Court No. 10JV559
Honorable Daniel J. Kaup, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of P.T., a Child,
and Concerning D.B.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE DAVIDSON
Ney* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1783
City and County of Denver Juvenile Court No. 08JV2702
Honorable Karen M. Ashby, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of R.L.A., R.L.A., R.R.A., R.R.A., Children,
and Concerning R.L.A. and L.R.C.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Carparelli and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1800
Industrial Claim Appeals Office of the State of Colorado
DD No. 12899-2012
Darren L. Baze,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Trinity Brewing Company,
Respondents.
ORDER AFFIRMED
Division II
Opinion by JUDGE MILLER
Casebolt and Navarro, JJ., concur
Court of Appeals No. 12CA1898
Weld County District Court No. 11JV413
Honorable Marcelo A. Kopcow, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.K., a Child,
and Concerning B.K.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NEY*
Davidson, C.J., and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2047
El Paso County District Court No. 11JV623
Honorable G. David Miller, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of A.C. and A.C., Children,
and Concerning A.C.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE VOGT*
Davidson, C.J., and Ney*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2064
Industrial Claim Appeals Office of the State of Colorado
DD No. 14460-2012
Sonia A. Mendez,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Peak Medical of Colorado 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. 12CA2222
Industrial Claim Appeals Office of the State of Colorado
DD No. 6138-2012
Diana L. Frank,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Office Depot, Inc.,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE DAILEY
Furman and Booras, JJ., concur
Court of Appeals No. 12CA2433
City and County of Denver Probate Court No. 12MH363
Honorable Elizabeth D. Leith, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Brian Thomas Wengler,
Respondent-Appellant.
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. 11CA1195
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Fred Keith Loftin,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA1790
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Rodolfo Chavez,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0926
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jason Pecci,
Defendant-Appellant.
Petition for Rehearing DENIED
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2012.