ANNOUNCEMENTS COLORADO COURT OF APPEALS. August 24, 2000

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1 ANNOUNCEMENTS COLORADO COURT OF APPEALS August 24, 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. 98CA1619 NOT SELECTED FOR PUBLICATION National Development Corporation, a Colorado corporation, Plaintiff-Appellee and Cross-Appellant, Charles O. Robbins, Defendant-Appellant, and Robbins Roofing Specialists, Inc., Defendant and Cross-Appellee. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (1 of 16) [9/11/ :06:49 AM]

2 Appeal from the District Court of El Paso County Honorable Michael J. Heydt, Judge No. 95CV1855 Division I JUDGMENTS REVERSED Opinion by JUDGE KAPELKE AND CAUSE REMANDED Jones and Criswell*, JJ., concur WITH DIRECTIONS No. 98CA2545 NOT SELECTED FOR PUBLICATION Roy E. Hernandez, Appeal from the District Court of Weld County Honorable William L. West, Judge No. 93CR708 Division I JUDGMENTS AFFIRMED Opinion by JUDGE JONES Metzger and Kapelke, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (2 of 16) [9/11/ :06:49 AM]

3 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA0684 NOT SELECTED FOR PUBLICATION Upon the Petition of El Paso County Department of Human Services, Petitioner-Appellee, In the Interest of K.M., Jr., a Child, and Concerning K.M., Sr., Respondent-Appellant. Appeal from the District Court of El Paso County Honorable D. Richard Toth, Judge No. 98JV145 Division II JUDGMENT AFFIRMED Opinion JUDGE PLANK Taubman and Nieto, JJ., concur No. 99CA0813 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (3 of 16) [9/11/ :06:49 AM]

4 Ronn G. Wyman, Appeal from the District Court of the City and County of Denver Honorable H. Jeffrey Bayless, Judge No. 93CR2438 Division II ORDER AFFIRMED Opinion by JUDGE NIETO Plank and Taubman, JJ., concur No. 99CA0822 NOT SELECTED FOR PUBLICATION Michael Scrivner, Appeal from the District Court of Jefferson County Honorable Michael Charles Villano, Judge No. 94CR1569 Division III ORDER AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (4 of 16) [9/11/ :06:49 AM]

5 Opinion by JUDGE NEY Davidson and Roy, JJ., concur No. 99CA0835 NOT SELECTED FOR PUBLICATION Jon Erik Greenville, Appeal from the District Court of El Paso County Honorable James M. Franklin, Judge No. 95CR1697 Division I ORDER AFFIRMED Opinion by JUDGE METZGER Jones and Kapelke, JJ., concur No. 99CA0839 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (5 of 16) [9/11/ :06:49 AM]

6 Ramon Derek Luckett, Appeal from the District Court of Jefferson County Honorable Jane A. Tidball, Judge No. 95CR1997 Division I ORDER AFFIRMED Opinion by JUDGE KAPELKE AND CAUSE REMANDED Metzger and Jones, JJ., concur WITH DIRECTIONS No. 99CA0857 NOT SELECTED FOR PUBLICATION Donald R. Elliot, Appeal from the District Court of Lincoln County Honorable Garth L. Nieschburg, Judge No. 97CR0085 Division II JUDGMENT AFFIRMED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (6 of 16) [9/11/ :06:49 AM]

7 Opinion by JUDGE TAUBMAN Nieto and Criswell*, JJ., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA1006 NOT SELECTED FOR PUBLICATION Edgar L. Hostetter, Appeal from the District Court of Adams County Honorable Donald W. Marshall, Judge No. 98CR1284 Division II SENTENCE AFFIRMED Opinion by JUDGE TAUBMAN Plank and Pierce*, JJ., concur No. 99CA1331 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (7 of 16) [9/11/ :06:49 AM]

8 Tony Lee Wright, Appeal from the District Court of Arapahoe County Division III ORDER AFFIRMED Opinion by JUDGE DAVIDSON Ney and Roy, JJ., concur Honorable James F. Macrum, Jr., Judge No. 94CR1736 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 99CA1468 NOT SELECTED FOR PUBLICATION Geoffrey J. Schmidt and Susan F. Schmidt, Plaintiffs-Appellants, Myriam Development Corporation, Defendant-Appellee. Appeal from the District Court of Summit County file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (8 of 16) [9/11/ :06:49 AM]

9 Honorable W. Terry Ruckriegle, Judge No. 97CV174 Division II JUDGMENT AFFIRMED IN PART, Opinion by JUDGE PLANK REVERSED IN PART, AND CAUSE Taubman and Nieto, JJ., concur REMANDED WITH DIRECTIONS No. 99CA1501 NOT SELECTED FOR PUBLICATION Petitioner-Appellee, In the Interest of N.D., Juvenile-Appellant. Appeal from the District Court of Adams County Division II JUDGMENT AFFIRMED Opinion by JUDGE TAUBMAN Nieto and Criswell*, JJ., concur Honorable Thomas R. Ensor, Judge No. 99JD350 *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 (9 of 16) [9/11/ :06:49 AM]

10 No. 99CA1914 NOT SELECTED FOR PUBLICATION Eric E. Cordova, Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge No. 97CR264 Division I ORDER AND SENTENCE VACATED Opinion by JUDGE JONES AND CAUSE REMANDED Metzger and Kapelke, JJ., concur WITH DIRECTIONS No. 99CA2032 NOT SELECTED FOR PUBLICATION Eric Marshall, Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (10 of 16) [9/11/ :06:50 AM]

11 Honorable Shelley I. Gilman, Judge No. 93CR884 Division II ORDER AFFIRMED Opinion JUDGE PLANK AND CAUSE REMANDED Taubman and Pierce*, JJ., concur 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. 99CA2270 NOT SELECTED FOR PUBLICATION Petitioner-Appellee, In the Interest of M.M. and D.C., Children, and Concerning C.M., Respondent-Appellant. Appeal from the District Court of Mesa County Honorable Nicholas R. Massaro, Jr., Judge No. 98JV222 Division IV JUDGMENT AFFIRMED Opinion by JUDGE MARQUEZ Rothenberg and Dailey, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (11 of 16) [9/11/ :06:50 AM]

12 No. 99CA2417 NOT SELECTED FOR PUBLICATION Petitioner-Appellee, In the Interest of A.M.S. and A.M.S., Children, and Concerning D.S., Respondent-Appellant. Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge No. 98JV555 Division II JUDGMENT AFFIRMED Opinion by JUDGE TAUBMAN Plank and Nieto, JJ., concur No. 99CA2483 NOT SELECTED FOR PUBLICATION Richard Blundell, Attorney-Appellant, The Industrial Claim Appeals Office of the State of Colorado and Karol Estes, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (12 of 16) [9/11/ :06:50 AM]

13 Respondents. Review of Order from the Industrial Claim Appeals Office of the State of Colorado WC No Division IV ORDER AFFIRMED Opinion by JUSTICE ERICKSON* Marquez and Dailey, JJ., concur No. 00CA0414 NOT SELECTED FOR PUBLICATION Eloise T. Briscoe, Petitioner, The Industrial Claim Appeals Office of the State of Colorado; Denver Post; and Liberty Mutual Insurance Company, Respondents. Review of Order from the Industrial Claim Appeals Office Division IV ORDER AFFIRMED Opinion by JUDGE DAILEY Marquez and Erickson*, JJ., concur of the State of Colorado WC No file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (13 of 16) [9/11/ :06:50 AM]

14 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S P E T I T I O N S F O R R E H E A R I N G No. 98CA1157 NOT SELECTED FOR PUBLICATION Orlando Harris, Petition for Rehearing DENIED No. 98CA1624 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (14 of 16) [9/11/ :06:50 AM]

15 Travis D. Crouch, Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 98CA2173 Robert Rodriguez by and through his next friend and legal guardian, Lori Rodriguez, Plaintiff-Appellant, Healthone, d/b/a Aurora Presbyterian Hospital; Gary Arthur Ogin, M. D.; and COPIC Insurance Company, Defendants-Appellees. Opinion Modified, and As Modified, Petitions for Rehearing DENIED No. 99CA0191 NOT SELECTED FOR PUBLICATION Arthur M. Lewallen, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (15 of 16) [9/11/ :06:50 AM]

16 Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 99CA0868 NOT SELECTED FOR PUBLICATION Jacquelyn I. Drummond, Plaintiff-Appellant, George R. Houge, Defendant-Appellee. Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ html (16 of 16) [9/11/ :06:50 AM]