ANNOUNCEMENTS COLORADO COURT OF APPEALS. November 16, 2000

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS November 16, 2000 "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 (in the htm format only) 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 No. 95CA0652 NOT SELECTED FOR PUBLICATION Earl David Hines, Appeal from the District Court of the City and County of Denver Honorable R. Michael Mullins, Judge No. 94CR3441 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (1 of 30) [9/11/ :07:21 AM]

2 Division A JUDGMENT AFFIRMED Opinion by CHIEF JUDGE HUME Ney and Criswell*, JJ., concur No. 98CA1509 NOT SELECTED FOR PUBLICATION Larry Held, Appeal from the District Court of Weld County Division III CAUSE REMANDED Honorable Jonathan W. Hays, Judge No. 94CR133 Opinion by JUDGE NEY WITH DIRECTIONS Marquez and Casebolt, JJ., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (2 of 30) [9/11/ :07:21 AM]

3 No. 98CA2062 NOT SELECTED FOR PUBLICATION Andrew P. Elliott, Appeal from the District Court of Jefferson County Honorable Tom Woodford, Judge No. 97CR2329 Division I JUDGMENT AFFIRMED Opinion by JUDGE METZGER Plank and Rothenberg, JJ., concur No. 98CA2382 NOT SELECTED FOR PUBLICATION Walter Walker, a/k/a Walter Jarred, Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (3 of 30) [9/11/ :07:21 AM]

4 Honorable Larry J. Naves, Judge No. 98CR1328 Division IV JUDGMENT AND Opinion by JUDGE MARQUEZ SENTENCE AFFIRMED Taubman and Casebolt, JJ., concur No. 98CA2528 NOT SELECTED FOR PUBLICATION Douglas S. Sheehan, Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge No. 96CR1218 Division V ORDER REVERSED Opinion by JUDGE KAPELKE AND CAUSE REMANDED Davidson and Taubman, JJ., concur WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (4 of 30) [9/11/ :07:21 AM]

5 No. 98CA2529 NOT SELECTED FOR PUBLICATION Scott E. McPherson, Appeal from the District Court of Larimer County Honorable William F. Dressel, Judge No. 96CR450 Division A ORDER REVERSED Opinion by JUDGE KAPELKE AND CAUSE REMANDED Rothenberg and Taubman, JJ., concur WITH DIRECTIONS No. 99CA0123 NOT SELECTED FOR PUBLICATION Lucio Munoz, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (5 of 30) [9/11/ :07:21 AM]

6 Appeal from the District Court of Larimer County Honorable James H. Hiatt, Judge No. 97CR13 Division I ORDER REVERSED, Opinion by JUDGE RULAND SENTENCED VACATED, AND CAUSE Metzger and Nieto, JJ., concur REMANDED WITH DIRECTIONS No. 99CA0506 NOT SELECTED FOR PUBLICATION Michael Wilson, a/k/a Nichi Aki Senjuro, Appeal from the District Court of El Paso County Honorable Steven T. Pelican, Judge Nos. 93CR3047 & 96CR3054 Division II ORDER AFFIRMED Opinion by JUDGE VOGT Jones and Davidson, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (6 of 30) [9/11/ :07:21 AM]

7 No. 99CA0523 NOT SELECTED FOR PUBLICATION Jose Alaniz, Appeal from the District Court of Weld County Honorable Roger A. Klein, Judge No. 95CR700 Division A ORDER AFFIRMED Opinion by JUDGE NEY AND CAUSE REMANDED Erickson* and Sternberg*, JJ., concur WITH DIRECTIONS No. 99CA0810 NOT SELECTED FOR PUBLICATION Utip Edetetim Okon, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (7 of 30) [9/11/ :07:21 AM]

8 Appeal from the District Court of Arapahoe County Division V JUDGMENT AFFIRMED Opinion by JUDGE RULAND Roy and Nieto, JJ., concur Honorable Timothy L. Fasing, Judge No. 98CR529 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA1024 NOT SELECTED FOR PUBLICATION Robert J. Brantner, Appeal from the District Court of El Paso County Honorable Gil Martinez, Judge No. 99CR3635 Division A JUDGMENT AFFIRMED Opinion by JUDGE NEY file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (8 of 30) [9/11/ :07:21 AM]

9 Hume, C.J., and Criswell*, J., concur No. 99CA1144 NOT SELECTED FOR PUBLICATION Robert Vandeventer, Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge Nos. 97CR0344 & 97CR0345 Division I ORDERS AFFIRMED IN PART, Opinion by JUDGE TAUBMAN REVERSED IN PART, AND CAUSE Metzger and Plank, JJ., concur REMANDED WITH DIRECTIONS *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA1218 NOT SELECTED FOR PUBLICATION Roger Hazelwood, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (9 of 30) [9/11/ :07:21 AM]

10 W. Wesley Wallace, Shirley G. Wallace, and Bobbie Spore, Public Trustee of Montezuma County, in her official capacity, Defendants-Appellants. Appeal from the District Court of Montezuma County Division V JUDGMENT REVERSED Honorable Sharon L. Hansen, Judge No. 97CV115 Opinion by JUDGE ROY AND CAUSE REMANDED Ruland and Nieto, JJ., concur WITH DIRECTIONS No. 99CA1320 NOT SELECTED FOR PUBLICATION Mark George McBeth, Appeal from the District Court of Arapahoe County Division V APPEAL DISMISSED Honorable Thomas C. Levi, Judge No. 98CR2054 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (10 of 30) [9/11/ :07:21 AM]

11 Opinion by JUDGE ROY Ruland and Nieto, JJ., concur No. 99CA1344 NOT SELECTED FOR PUBLICATION Diana Regina Walker, Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge No. 99CR321 Division III JUDGMENT AFFIRMED Opinion by JUDGE ROY Ney and Davidson, JJ., concur No. 99CA1414 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (11 of 30) [9/11/ :07:21 AM]

12 Charles Smith, Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge No. 98CR3506 Division V JUDGMENT AFFIRMED Opinion by JUDGE ROY Ruland and Nieto, JJ., concur No. 99CA1419 NOT SELECTED FOR PUBLICATION Charles M. Clark and Cathy S. Clark, Plaintiffs-Appellants and Cross-Appellees, Thomas Bruton, Defendant-Appellee and Cross-Appellant. Appeal from the District Court of the City and County of Denver Honorable Gloria A. Rivera, Judge No. 98CV2469 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (12 of 30) [9/11/ :07:21 AM]

13 Division A JUDGMENT AFFIRMED Opinion by JUDGE NEY Hume, C.J., and Criswell*, J. concur No. 99CA1432 NOT SELECTED FOR PUBLICATION In re the Custody and Support of T.N.K., a Child, and Concerning S.J.K., Petitioner-Appellant, and P.L.M., III, Respondent-Appellee. Appeal from the District Court of Arapahoe County Honorable Cheryl L. Post, Judge No. 93JP267 Division III JUDGMENT AFFIRMED IN PART, Opinion by JUDGE NEY REVERSED IN PART, AND CAUSE Kapelke and Dailey, JJ., concur REMANDED WITH DIRECTIONS *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (13 of 30) [9/11/ :07:21 AM]

14 No. 99CA1450 NOT SELECTED FOR PUBLICATION Alton Fox, Appeal from the District Court of the City and County of Denver Honorable William P. Demoulin, Judge No. 97CR2121 Division I ORDER AFFIRMED Opinion by JUDGE PLANK AND CAUSE REMANDED Metzger and Rothenberg, JJ., concur WITH DIRECTIONS No. 99CA1452 NOT SELECTED FOR PUBLICATION Michael Chambers, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (14 of 30) [9/11/ :07:21 AM]

15 Appeal from the District Court of the City and County of Denver Honorable Richard T. Spriggs, Judge No. 86CR0131 Division I ORDER AFFIRMED Opinion by JUDGE ROTHENBERG Metzger and Plank, JJ., concur No. 99CA1487 NOT SELECTED FOR PUBLICATION David E. Adkins, Appeal from the District Court of Arapahoe County Honorable Timothy L. Fasing, Judge No. 97CR3546 Division V JUDGMENT AFFIRMED Opinion by JUDGE NIETO Ruland and Roy, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (15 of 30) [9/11/ :07:21 AM]

16 No. 99CA1620 NOT SELECTED FOR PUBLICATION Christopher Mallicotte, Appeal from the District Court of Jefferson County Honorable Frank Plaut, Judge No. 94CR684 Division V ORDER AFFIRMED Opinion by JUDGE NIETO AND CAUSE REMANDED Ruland and Roy, JJ., concur WITH DIRECTIONS No. 99CA1676 NOT SELECTED FOR PUBLICATION Sunriver Homes, Inc., Phil Weinert, d/b/a Phil Weinert Enterprises, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (16 of 30) [9/11/ :07:21 AM]

17 Appeal from the District Court of El Paso County Honorable Theresa M. Cisneros, Judge No. 96CV873 Division V JUDGMENT AFFIRMED Opinion by JUDGE RULAND Roy and Nieto, JJ., concur No. 99CA1762 NOT SELECTED FOR PUBLICATION In re the Marriage of Debra K. DeHaven, n/k/a Debra Kim Ricord, Appellee, and Mark C. DeHaven, Appellant. Appeal from the District Court of Pueblo County Honorable Gerald A. Marroney, Judge No. 93DR691 Division III JUDGMENT AND Opinion by JUDGE NEY ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (17 of 30) [9/11/ :07:21 AM]

18 Kapelke and Dailey, JJ., concur No. 99CA1849 NOT SELECTED FOR PUBLICATION David Noland, Appeal from the District Court of Boulder County Honorable Frank N. Dubofsky, Judge No. 96CR791 Division IV ORDER AFFIRMED Opinion by JUDGE CASEBOLT Marquez and Taubman, JJ., concur No. 99CA1856 NOT SELECTED FOR PUBLICATION Petitioner-Appellee, In the Interest of J.E., A.E., and V.E., Children, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (18 of 30) [9/11/ :07:21 AM]

19 and Concerning D.E., Respondent-Appellant. Appeal from the District Court of Fremont County Honorable Julie G. Marshall, Judge No. 98JV132 Division I JUDGMENT AFFIRMED Opinion by JUDGE METZGER Plank and Rothenberg, JJ., concur No. 99CA1888 NOT SELECTED FOR PUBLICATION David Shane Ross, Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 95CR1278 Division IV ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (19 of 30) [9/11/ :07:21 AM]

20 Opinion by JUDGE TAUBMAN AND CAUSE REMANDED Marquez and Casebolt, JJ., concur WITH DIRECTIONS No. 99CA2220 NOT SELECTED FOR PUBLICATION In re the Marriage of Michael Paul McKenna, Appellee, and Carol Key McKenna, k/n/a Carol Key, Appellant. Appeal from the District Court of Larimer County Division II ORDER AFFIRMED Opinion by JUDGE STERNBERG* Davidson and Vogt, JJ., concur Honorable William F. Dressel, Judge No. 93DR1195 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA2238 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (20 of 30) [9/11/ :07:21 AM]

21 Jerry Escobedo, Appeal from the District Court of Morgan County Honorable James R. Leh, Judge No. 97CR13 Division IV ORDER AFFIRMED Opinion by JUDGE MARQUEZ AND CAUSE REMANDED Taubman and Casebolt, JJ., concur WITH DIRECTIONS No. 99CA2244 NOT SELECTED FOR PUBLICATION Ronald Johnson, Appeal from the District Court of the City and County of Denver Honorable Edward S. Simons, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (21 of 30) [9/11/ :07:21 AM]

22 No. 97CR4211 Division II CAUSE REMANDED Opinion by JUDGE DAVIDSON WITH DIRECTIONS Jones and Vogt, JJ., concur No. 99CA2273 NOT SELECTED FOR PUBLICATION Anthony P. Garcia, Appeal from the District Court of Adams County Honorable John J. Vigil, Judge No. 99CR100 Division IV ORDER AFFIRMED Opinion by JUDGE CASEBOLT Marquez and Taubman, JJ., concur No. 99CA2309 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (22 of 30) [9/11/ :07:21 AM]

23 Leann Lewandowski, Plaintiff-Appellant, Angelo S. Giarratano, D.P.M., Defendant-Appellee. Appeal from the District Court of Pueblo County Honorable Victor I. Reyes, Judge No. 96CV416 Division IV JUDGMENT AFFIRMED Opinion by JUDGE CASEBOLT Marquez and Rothenberg, JJ., concur No. 99CA2347 NOT SELECTED FOR PUBLICATION D.A., Plaintiff-Appellant, Evangelical Lutheran Church in America f/k/a Lutheran Church in America; Rocky Mountain Synod of the Lutheran Evangelical Church; and Lutheran Outdoor Ministries of the Rockies, Inc. d/b/a Rainbow Trail Lutheran Camp, Defendants-Appellees. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (23 of 30) [9/11/ :07:21 AM]

24 Appeal from the District Court of the City and County of Denver Division III JUDGMENT AFFIRMED Opinion by JUDGE KAPELKE Casebolt and Dailey, JJ., concur Honorable Robert S. Hyatt, Judge No. 98CV6181 No. 99CA2411 NOT SELECTED FOR PUBLICATION In re Dissolution Trust of Eugene Mines, Inc., a dissolved Colorado corporation, Burton Materials, Inc., a Colorado corporation, Clark M. Bolser, substitute trustee of Eugene Mines, Inc., a dissolved Colorado corporation, Appeal from the District Court of Gilpin County Honorable Henry E. Nieto, Judge No. 98CV38 Division IV ORDERS AFFIRMED Opinion by JUDGE MARQUEZ Hume, C.J., and Casebolt, J., concur Appellant, Appellee. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (24 of 30) [9/11/ :07:21 AM]

25 No. 99CA2532 NOT SELECTED FOR PUBLICATION Darrell H. Osborne, Appeal from the District Court of Mesa County Honorable Amanda D. Bailey, Judge No. 97CR670 Division II ORDER AFFIRMED Opinion by JUDGE JONES Davidson and Vogt, JJ., concur No. 00CA0296 NOT SELECTED FOR PUBLICATION Song Yang, Plaintiff-Appellant, State Farm Mutual Automobile Insurance Company, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (25 of 30) [9/11/ :07:21 AM]

26 Defendant-Appellee. Appeal from the District Court of the City and County of Denver Honorable Gloria A. Rivera, Judge No. 99CV787 Division I JUDGMENT AFFIRMED Opinion by JUDGE METZGER Plank and Rothenberg, JJ., concur No. 00CA0563 NOT SELECTED FOR PUBLICATION In the Interest of A.J.K. and B.M.K., Children, Upon the Petition of the Denver County Department of Human Services, Petitioner-Appellee, and Concerning B.E.T., Respondent-Appellant. Appeal from Juvenile Court of the City and County of Denver Honorable Orrelle R. Weeks, Judge No. 98JV2605 Division III JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (26 of 30) [9/11/ :07:21 AM]

27 Opinion by JUDGE KAPELKE Ney and Dailey, JJ., concur No. 00CA0926 NOT SELECTED FOR PUBLICATION Sam's Club and American Home Assurance Company, Petitioners, The Industrial Claim Appeals Office of the State of Colorado and Adrian C. Davis, Respondents. Review of Order from the Industrial Claim Appeals Office Division III ORDER AFFIRMED Opinion by JUDGE DAILEY Ney and Kapelke, JJ., concur of the State of Colorado WC No P E T I T I O N S F O R file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (27 of 30) [9/11/ :07:21 AM]

28 R E H E A R I N G No. 98CA0313 NOT SELECTED FOR PUBLICATION Plaintiff-Appellee and Cross-Appellant, John Wayne Gunter, Sr., Defendant-Appellant and Cross-Appellee. Petition for Rehearing of Plaintiff-Appellee and Cross-Appellant STRICKEN Petition for Rehearing of Defendant-Appellant and Cross-Appellee DENIED No. 98CA1357 David Stewart, Jr. (minor, by and through his next friend and mother, Chiquita Stewart), Plaintiff-Appellee and Cross-Appellant, Velma I. Rice, Defendant-Appellant and Cross-Appellee. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (28 of 30) [9/11/ :07:21 AM]

29 No. 99CA0650 Randy Prefer, Appellant, PharmNetRx, LLC, and PharmNetRx, Inc., Appellees. Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 99CA0755 NOT SELECTED FOR PUBLICATION Theodore D. Finley, Petition for Rehearing DENIED No. 99CA1303 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (29 of 30) [9/11/ :07:21 AM]

30 Robert X. Harris, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (30 of 30) [9/11/ :07:21 AM]