ANNOUNCEMENTS COLORADO SUPREME COURT. September 11, Click on the case number to view the opinion in Word format.

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1 ANNOUNCEMENTS COLORADO SUPREME COURT September 11, 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. Click on the case number to view the opinion in Word format. OPINIONS No. 98SA456 ORIGINAL PROCEEDING IN DISCIPLINE IN THE MATTER OF ARMANDO C de BACA, Attorney-Respondent. EN BANC ATTORNEY DISBARRED PER CURIAM JUSTICE MARTINEZ and JUSTICE BENDER do not participate. No. 99SA150 ORIGINAL PROCEEDING IN DISCIPLINE file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (1 of 20) [9/11/2008 8:41:00 AM]

2 IN THE MATTER OF LAWRENCE JAMALIAN GREEN, Attorney-Respondent. EN BANC PUBLIC CENSURE PER CURIAM No. 00SA193 IN THE MATTER OF THE TITLE, BALLOT TITLE AND SUBMISSION CLAUSE, AND SUMMARY FOR #246(e), BENNETT S. AISENBERG, Petitioner, DOUGLAS CAMPBELL and MARK DORN, Respondents, and WILLIAM HOBBS, ALAN J. GILBERT, and CHARLES W. PIKE, Title Board. Original Proceeding Pursuant to (2), 1 C.R.S. (1999) Appeal from the Ballot Title Setting Board EN BANC ACTION AFFIRMED PER CURIAM No. 99SC438 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (2 of 20) [9/11/2008 8:41:00 AM]

3 THE PEOPLE OF THE STATE OF COLORADO, Petitioner, ROBERT R. ROGERS, Respondent. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS PER CURIAM No. 98SC256 GWEN E. HENDRICKS, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court. No. 98SC825 MESA COUNTY VALLEY SCHOOL DISTRICT NO. 51, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (3 of 20) [9/11/2008 8:41:00 AM]

4 RUSTI KELSEY, Respondent. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS CHIEF JUSTICE MULLARKEY delivered the Opinion of the Court. No. 99SC90 N.A.H. and A.H., Petitioners, S.L.S., Respondent. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED JUSTICE KOURLIS delivered the Opinion of the Court. JUSTICE COATS dissents and JUSTICE RICE joins in the dissent. No. 00SA47 THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, TERRY SMITH, Defendant-Appellee. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (4 of 20) [9/11/2008 8:41:00 AM]

5 Interlocutory Appeal from the District Court City and County of Denver, Case No. 99CR1071 Honorable Robert S. Hyatt, Judge EN BANC ORDER REVERSED AND CASE REMANDED ORDER REVERSED AND CASE REMANDED JUSTICE KOURLIS delivered the Opinion of the Court. JUSTICE COATS does not participate. No. 00SA159 THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellant, ROBERTO RAMOS, Defendant-Appellee. Interlocutory Appeal from the District Court, Logan County Honorable Joseph Weatherby, Judge EN BANC JUDGMENT REVERSED AND CASE REMANDED JUSTICE MARTINEZ delivered the Opinion of the Court. Nos. 99SA85 and 99SA86 In re: BRYAN GORDON and BETTY GORDON, Plaintiffs, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (5 of 20) [9/11/2008 8:41:00 AM]

6 PETER BOYLES and JACOR BROADCASTING OF COLORADO, INC., a Colorado corporation, Defendants. Original Proceedings Pursuant to C.A.R. 21 District Court, City and County of Denver Honorable Herbert L. Stern, III, Judge EN BANC RULES MADE ABSOLUTE * * * No. 99SA369 BRYAN GORDON and BETTY GORDON, Plaintiffs-Appellees, PETER BOYLES and JACOR BROADCASTING OF COLORADO, INC., a Colorado corporation, Defendants-Appellants. Appeal from the District Court, City and County of Denver Honorable Herbert L. Stern, III, Judge EN BANC JUDGMENT REVERSED AND CASE REMANDED JUSTICE BENDER delivered the Opinion of the Court. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (6 of 20) [9/11/2008 8:41:00 AM]

7 No. 98SC431 CITY AND COUNTY OF DENVER, a home rule city and a Colorado municipal corporation; and CHERYL D. COHEN, Manager of Revenue, City and County of Denver, Petitioners/Cross-Respondents, UNITED AIR LINES, INC., a Delaware corporation authorized to transact business in the State of Colorado, Respondent/Cross-Petitioner. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED AND CASE REMANDED JUSTICE BENDER delivered the Opinion of the Court. JUSTICE HOBBS specially concurs. JUSTICE RICE does not participate. No. 98SC858 THE PEOPLE OF THE STATE OF COLORADO, Petitioner, TRISTAN TOLER, Respondent. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (7 of 20) [9/11/2008 8:41:00 AM]

8 Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT AFFIRMED JUSTICE BENDER delivered the Opinion of the Court. JUSTICE RICE and JUSTICE COATS do not participate. No. 99SC133 THOMAS SMITH, Petitioner, FARMERS INSURANCE EXCHANGE and MID-CENTURY INSURANCE COMPANY, Respondents. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT REVERSED JUSTICE RICE delivered the Opinion of the Court. No. 99SC268 AD TWO, INC. d/b/a THE COFFEE BEANERY; AIRPORT CONCESSIONS, INC.; AIRPORT SERVICES, INC. d/b/a QUIZNO S AND PEABERRY COFFEE; GRD&D, INC. d/b/a BOYER S GOURMET COFFEES; LAURA DEVARONA d/b/a VARONA IMPORTS (COLORADO file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (8 of 20) [9/11/2008 8:41:00 AM]

9 COLORS); DICK & JANE PIZZA, INC. d/b/a DOMINO S PIZZA; FIRST CLASS BAGGAGE CO. f/k/a GOLDEN EEL IMPORT CO. OF COLORADO; KELLEN INDUSTRIES, INC. d/b/a ROCKY MOUNTAIN CHOCOLATE FACTORY AND THE STUDIO; MISSION YOGURT, INC. d/b/a PENGUIN S HARVEST EXPRESS; TRUGOY, INC. d/b/a TCBY YOGURT; SUSAN VALE, INC.; and LAUREN K. WAHLSTROM d/b/a THE COLORADO COLLECTION, Petitioners, THE CITY AND COUNTY OF DENVER, by and through THE MANAGER OF AVIATION; and THE MANAGER OF AVIATION, CITY AND COUNTY OF DENVER, Respondents. Certiorari to the Colorado Court of Appeals EN BANC JUDGMENT AFFIRMED JUSTICE RICE delivered the Opinion of the Court. JUSTICE HOBBS dissents. PETITIONS FOR REHEARING No. 99SC175 MELVIN LEROY CLARK, Petitioner, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (9 of 20) [9/11/2008 8:41:00 AM]

10 THE PEOPLE OF THE STATE OF COLORADO, Respondent. Petition for Rehearing DENIED. EN BANC. No. 95SA298 THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellee, ROBERT ELIOT HARLAN, Defendant-Appellant. Appeal from the District Court, Adams County Honorable Philip Roan, Judge Opinion modified and, as modified, Petition for Rehearing DENIED. EN BANC. JUSTICE BENDER and JUSTICE COATS do not participate. No. 99SC804 PETITIONS FOR WRIT OF CERTIORARI Court of Appeals No. 98CA0519 (8/5/99) EDWARD P. SCHULER, Petitioner/Cross-Respondent, THE PEOPLE OF THE STATE OF COLORADO, Respondent/Cross-Petitioner. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (10 of 20) [9/11/2008 8:41:00 AM]

11 Petition for Writ of Certiorari and the Cross-Petition for Writ of Certiorari are GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration of the following issues in light of People Clark, No. 99SC175 slip op. (Colo. August 21, 2000). SUMMARY OF ISSUES: Whether Mr. Schuler s sentence must be reduced (1) so that he is not compelled to accept a sentence that is longer than the sentence for which he bargained; and (2) to remove the extra onus of the undisclosed parole term in order to render harmless any infirmities in his guilty plea. Under the standards delineated in Craig and Benavidez, whether the defendant was advised that he was subject to a term of mandatory parole. DENIED AS TO ALL OTHER ISSUES. No. 00SC73 Court of Appeals No. 98CA0836 (11/12/99) BOARD OF COMMISSIONERS OF THE COUNTY OF BOULDER, Petitioner, CITY OF BROOMFIELD, COLORADO; CITY COUNCIL OF THE CITY OF BROOMFIELD; and BROOMFIELD URBAN RENEWAL AUTHORITY, Respondents. Petition for Writ of Certiorari GRANTED. EN BANC. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (11 of 20) [9/11/2008 8:41:00 AM]

12 SUMMARY OF ISSUES: Whether a county has standing to bring an action seeking judicial review of the constitutional and statutory propriety of the adoption by a city council of an urban renewal plan utilizing tax increment financing. Whether a county has standing to seek a declaratory judgment that the adoption by a city council of an urban renewal plan utilizing tax increment financing constitutes a tax policy change resulting in a net revenue increase requiring a vote of the electorate pursuant to article X, section 20 of the Colorado Constitution. No. 00SC154 Court of Appeals No. 98CA1948 (12/23/99) JAMES E. MONTAINE, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. No. 00SC186 Court of Appeals No. 98CA1685 (12/2/99) ANDREW D. MALLOY, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. Petition for Writ of Certiorari is GRANTED, and the judgment of the file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (12 of 20) [9/11/2008 8:41:00 AM]

13 Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration of the following issue in light of People Clark, 99SC175 slip op. (Colo. August 21, 2000). EN BANC. SUMMARY OF ISSUE: Whether the "risked receiving" language in Craig People, 986 P.2d 951 (Colo. 1999), refers to the maximum aggravated range sentence available for a particular class of felony generally or can it also refer to the maximum sentence available to the district court under the defendant s plea agreement when the defendant has bargained for and received a sentencing concession. DENIED AS TO ALL OTHER ISSUES. No. 00SC223 Court of Appeals No. 99CA0488 (2/24/00) EVELYN FERNANDEZ, Petitioner/Cross-Respondent, BURGER KING and AUTOMOBILE INSURANCE COMPANY OF HARTFORD, Respondents/Cross-Petitioners, and THE INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Respondent. Petition and Cross- No. 00SC289 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (13 of 20) [9/11/2008 8:41:00 AM]

14 Court of Appeals No. 98CA2528 (2/3/00) DOUGLAS S. SHEEHAN, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. Petition for Writ of Certiorari is GRANTED, and the judgment of the Colorado Court of Appeals is vacated. The case is remanded to the Colorado Court of Appeals for reconsideration in light of People Clark, No. 99SC175 slip op. (Colo. August 21, 2000). EN BANC. SUMMARY OF ISSUE: Whether the court of appeals erred in deeming harmless the trial court s failure to advise of the mandatory parole period No. 00SC293 Court of Appeals No. 99CA1100 (2/4/00) NATHAN BUNN, Petitioner, WOODY S PAINT AND REMODELING, COLORADO COMPENSATION INSURANCE AUTHORITY, and THE INDUSTRIAL CLAIM APPEALS OFFICE OF THE STATE OF COLORADO, Respondents. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (14 of 20) [9/11/2008 8:41:00 AM]

15 No. 00SC339 Court of Appeals No. 99CA0166 (2/17/00) EFRIN HUATO, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. No. 00SC351 Court of Appeals No. 99CA0290 (2/24/00) THE PEOPLE OF THE STATE OF COLORADO, Petitioner, JOHN A. NARANJO, JR., Respondent. No. 00SC368 District Court, City and County of Denver, No. 99CV6603 (4/13/00) HAZEL WATSON, Petitioner, JON ROURKE d/b/a THE BAIL BOND HOUSE, Respondent. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (15 of 20) [9/11/2008 8:41:00 AM]

16 No. 00SC380 Court of Appeals No. 97CA2167 (2/3/00) FIRST COMMUNITY INDUSTRIAL BANK, Petitioner, CRISSEY FOWLER LUMBER COMPANY, a Colorado corporation; TRANSIT MIX CONCRETE COMPANY; ANNIE G. TAYLOR; ARLINGTON E. TAYLOR; and RUSTIC FLOOR COVERING d/b/a THE WETTA CORPORATION, Respondents. No. 00SC381 Court of Appeals No. 98CA2338 (2/3/00) FIRST COMMUNITY INDUSTRIAL BANK; DAVID L. TAYLOR; and SANDRA K. TAYLOR, Petitioners, CRISSEY FOWLER LUMBER COMPANY; ACADEMY DRYWALL, INC.; STARMARK INC.; DMS CUSTOM COUNTER, INC.; CAMPBELL ROOFING, INC.; THE WINDOW CENTER, INC.; JOLLY PLUMBING AND HEATING, INC.; WILLIAM W. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (16 of 20) [9/11/2008 8:41:00 AM]

17 SCHAEFER d/b/a W.W. MASONRY; WESTERN FIREPLACE SUPPLY, INC.; CAN AMERICA DRILLING, INC.; PRO BUILDER SUPPLY n/k/a METAL INDUSTRIES, INC.; RUSTIC FLOOR COVERING d/b/a THE WETTA CORPORATION; CONCRETE PLUMBING SERVICE; LACY EXCAVATING, INC.; ANNIE G. TAYLOR; ARLINGTON E. TAYLOR; DOUG WOODS and BECKY WOODS d/b/a PSF & COMPANY, Respondents. No. 00SC383 Court of Appeals No. 98CA2258 (3/23/00) JOHN L. MARTINEZ, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. JUSTICE COATS does not participate. No. 00SC394 Court of Appeals No. 98CA2155 (3/23/00) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (17 of 20) [9/11/2008 8:41:00 AM]

18 CLARK GABLE DISMUKE, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. JUSTICE COATS does not participate. No. 00SC398 Court of Appeals No. 98CA2529 (3/23/00) SCOTT E. MCPHERSON, Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent. Petition for Writ of Certiorari is GRANTED, and the judgment of the Colorado Court of Appeals is VACATED. The case is REMANDED to the Colorado Court of Appeals for reconsideration of the following issue in light of People Clark, No. 99SC175, slip op. (Colo. August 21, 2000). EN BANC. SUMMARY OF ISSUE: Whether the "risked receiving" language in Craig People, 986 P.2d 951 (Colo. 1999), refers to the maximum aggravated range sentence available for a class felony generally or whether it can also refer to the maximum sentence available to the district court under a plea agreement which involves a sentencing concession. DENIED AS TO ALL OTHER ISSUES. No. 00SC400 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (18 of 20) [9/11/2008 8:41:00 AM]

19 Court of Appeals No. 98CA1859 (2/3/00) In re the Marriage of: DANIEL J. BOHN, Petitioner, and BARBARA BOHN, Respondent. No. 00SC474 Court of Appeals No. 98CA1614 (3/2/00) THE PEOPLE OF THE STATE OF COLORADO, Petitioner, DAVID COOPER, Respondent. Petition for Writ of Certiorari GRANTED. EN BANC. SUMMARY OF ISSUE: Whether the statutory scheme and legislative intent require sex offenders who committed their crimes between July 1, 1996, and November 1, 1998, to be treated like other sex offenders and be subject to a period of mandatory parole that is served consecutively to their prison sentences, and is limited to the length of the original sentences imposed. No. 00SC574 Court of Appeals No. 00CA0244 (6/1/00) file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (19 of 20) [9/11/2008 8:41:00 AM]

20 S.W., Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent, In the Interest of: V.G., III, Minor Child, and Concerning: V.G., Jr. and L.L.S., and C.T., Intervenor-Appellee. No. 00SC636 Court of Appeals No. 99CA1282 (4/27/00) D.R., Petitioner, THE PEOPLE OF THE STATE OF COLORADO, Respondent, In the Interest of T.M., Minor Child. file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/2000/ htm (20 of 20) [9/11/2008 8:41:00 AM]