ANNOUNCEMENTS COLORADO COURT OF APPEALS. November 18, 1999

Transcription

1 ANNOUNCEMENTS COLORADO COURT OF APPEALS November 18, 1999 U N P U B L I S H E D O P I N I O N S No. 96CA1819 NOT SELECTED FOR PUBLICATION William Charles Sprouse, Appeal from the District Court of Jefferson County Honorable William P. DeMoulin, Judge No. 95CR1258 Division I JUDGMENT AFFIRMED Opinion by JUSTICE ERICKSON* AND CAUSE REMANDED Metzger and Taubman, JJ., concur WITH DIRECTIONS No. 97CA0550 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (1 of 30) [9/11/ :11:23 AM]

2 Edward R. Williams, Appeal from the District Court of the City and County of Denver Division I JUDGMENT AFFIRMED Opinion by JUDGE VOGT Metzger and Ney, JJ., concur Honorable John N. McMullen, Judge No. 96CR4345 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA0190 NOT SELECTED FOR PUBLICATION Lorenzo A. Alexander, Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (2 of 30) [9/11/ :11:23 AM]

3 No. 96CR1530 Division V JUDGMENT AFFIRMED Opinion by JUDGE DAVIDSON Taubman and Kapelke, JJ., concur No. 98CA0407 NOT SELECTED FOR PUBLICATION Ray A. Crespin, Appeal from the District Court of El Paso County Honorable Theresa M. Cisneros, Judge No. 97CR2018 Division III JUDGMENT AFFIRMED Opinion by JUDGE PLANK Casebolt and Roy, JJ., concur No. 98CA0433 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (3 of 30) [9/11/ :11:23 AM]

4 Carlton Dawson, Appeal from the District Court of the City and County of Denver Honorable Federico C. Alvarez, Judge Honorable Morris Hoffman, Judge Honorable Nancy E. Rice, Judge Nos. 94CR1824 & 94CR4403 Division A ORDER AFFIRMED Opinion by JUDGE CRISWELL AND CAUSE REMANDED Plank and Jones, JJ., concur WITH DIRECTIONS No. 98CA0448 NOT SELECTED FOR PUBLICATION Jesse J. Bernal, Appeal from the District Court of Adams County file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (4 of 30) [9/11/ :11:23 AM]

5 Honorable Philip R. Roan, Judge No. 97CR359 Division III JUDGMENT AFFIRMED, Opinion by JUDGE PLANK SENTENCE VACATED, Roy, J., concurs AND CAUSE REMANDED Casebolt, J., dissents WITH DIRECTIONS No. 98CA0517 NOT SELECTED FOR PUBLICATION Anthony Gant, Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge No. 97CR1740 Division A JUDGMENT AFFIRMED Opinion by JUSTICE KIRSHBAUM* AND CAUSE REMANDED Hume, C.J., and Erickson*, J., concur WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (5 of 30) [9/11/ :11:23 AM]

6 _ No. 98CA0611 NOT SELECTED FOR PUBLICATION State Farm Fire and Casualty Co., John M. Bellino, Appeal from the District Court of Summit County Division V JUDGMENT AFFIRMED Opinion by JUDGE DAVIDSON Taubman and Kapelke, JJ., concur Honorable Richard H. Hart, Judge No. 90CV209 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA0762 NOT SELECTED FOR PUBLICATION Scott C. Taylor, Petitioner-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (6 of 30) [9/11/ :11:23 AM]

7 The People of the State of Colorado and The City of Wheat Ridge, Colorado, Respondents-Appellees. Appeal from the District Court of Jefferson County Division V ORDER REVERSED Honorable Michael C. Villano, Judge No. 98CV25 Opinion by JUSTICE KIRSHBAUM* AND CAUSE REMANDED Rothenberg and Erickson*, JJ., concur WITH DIRECTIONS No. 98CA0951 NOT SELECTED FOR PUBLICATION Barry J. Mack, Appeal from the District Court of the City and County of Denver Division I ORDER AFFIRMED Honorable Larry J. Naves, Judge No. 95CR4041 Opinion by JUDGE VOGT AND CAUSE REMANDED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (7 of 30) [9/11/ :11:23 AM]

8 Metzger and Ney, 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. 98CA1193 NOT SELECTED FOR PUBLICATION Buster Owens, Appeal from the District Court of Mesa County Honorable David A. Bottger, Judge No. 94CR629 Division A ORDER AFFIRMED Opinion by JUDGE MARQUEZ AND CAUSE REMANDED Ney and Davidson, JJ., concur WITH DIRECTIONS No. 98CA1360 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (8 of 30) [9/11/ :11:23 AM]

9 David Pigford, Appeal from the District Court of the City and County of Denver Honorable John N. McMullen, Judge No. 97CR3873 Division II JUDGMENT AFFIRMED Opinion by JUDGE CRISWELL Marquez and Ruland, JJ., concur No. 98CA1377 NOT SELECTED FOR PUBLICATION Mitchell Allen Peterson, Appeal from the District Court of Jefferson County Honorable Henry E. Nieto, Judge No. 94CR1375 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (9 of 30) [9/11/ :11:23 AM]

10 Division A ORDERS AFFIRMED Opinion by JUDGE METZGER AND CAUSE REMANDED Rothenberg and Vogt, JJ., concur WITH DIRECTIONS No. 98CA1464 NOT SELECTED FOR PUBLICATION Gerald M. Andrews, Appeal from the District Court of Arapahoe County Honorable Thomas C. Levi, Judge No. 96CR433 Division A ORDER AFFIRMED Opinion by JUDGE ROTHENBERG AND CAUSE REMANDED Ruland and Taubman, JJ., concur WITH DIRECTIONS No. 98CA1520 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (10 of 30) [9/11/ :11:23 AM]

11 Fred A. Herr, Jr., Appeal from the District Court of Jefferson County Honorable Christopher J. Munch, Judge No. 95CR463 Division III ORDER AFFIRMED Opinion by JUDGE CASEBOLT AND CAUSE REMANDED Plank and Roy, JJ., concur WITH DIRECTIONS No. 98CA1542 NOT SELECTED FOR PUBLICATION Orlando Leon, Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge No. 97CR54 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (11 of 30) [9/11/ :11:23 AM]

12 Division A ORDER AFFIRMED Opinion by JUDGE PLANK AND CAUSE REMANDED Criswell and Jones, JJ., concur WITH DIRECTIONS No. 98CA1555 NOT SELECTED FOR PUBLICATION Colony Partnership, a Colorado general partnership, Petitioner-Appellant, Grand County Board of County Commissioners and Colorado State Board of Assessment Appeals, Respondents-Appellees. Appeal from the Colorado State Board of Assessment Appeals Division IV ORDER AFFIRMED Opinion by JUDGE ROTHENBERG Jones and Sternberg*, JJ., concur No No. 98CA1628 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (12 of 30) [9/11/ :11:23 AM]

13 Bobby W. Craig, Jr., Appeal from the District Court of Otero County Division III ORDERS AFFIRMED Opinion by JUDGE PLANK Casebolt and Roy, JJ., concur Honorable Bob Blackburn, Judge No. 94CR32 *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA1644 NOT SELECTED FOR PUBLICATION Gilbert E. Shackelford, Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (13 of 30) [9/11/ :11:23 AM]

14 No. 89CR1899 Division II ORDER AFFIRMED Opinion by JUDGE RULAND Criswell and Marquez, JJ., concur No. 98CA1657 NOT SELECTED FOR PUBLICATION Louis A. Carter, Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge No. 92CR256 Division II ORDER AFFIRMED Opinion by JUDGE MARQUEZ Criswell and Ruland, JJ., concur No. 98CA1686 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (14 of 30) [9/11/ :11:23 AM]

15 Robert Jamison, an individual, and Jamison Steel, Inc., a Colorado corporation, Plaintiffs-Appellees, Trujillo Steel Erectors, Inc., a Colorado corporation; Ambrocio Trujillo; F. Jane Trujillo; and Anthony Solano, Defendants-Appellants. Appeal from the District Court of Jefferson County Division I JUDGMENT REVERSED Honorable Frank Plaut, Judge No. 97CV2856 Opinion by JUDGE METZGER AND CAUSE REMANDED Ney and Vogt, JJ., concur WITH DIRECTIONS No. 98CA1740 NOT SELECTED FOR PUBLICATION Cyprian Ejiasa, Plaintiff-Appellant, Career Service Board of the City and County of Denver, Denver Health and Hospital Authority, and Denver Health Medical Center, Defendants-Appellees. Appeal from the District Court of the City and County of Denver file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (15 of 30) [9/11/ :11:23 AM]

16 Honorable Richard T. Spriggs, Judge No. 97CV5344 Division III JUDGMENT AFFIRMED Opinion by JUDGE CASEBOLT Plank and Roy, JJ., concur No. 98CA1766 NOT SELECTED FOR PUBLICATION Jesus J. Hernandez, Plaintiff-Appellant, Colorado Department of Revenue, Defendant-Appellee, and Colorado Motor Vehicle Dealer Board, Appellee. Appeal from the Colorado Motor Vehicle Dealer Board Division IV ORDER AFFIRMED Opinion by JUDGE ROTHENBERG Jones and Sternberg*, JJ., concur file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (16 of 30) [9/11/ :11:23 AM]

17 No. 98CA1874 NOT SELECTED FOR PUBLICATION Ronald R. Costa, Appeal from the District Court of Arapahoe County Division A ORDERS AFFIRMED Opinion by JUDGE ROTHENBERG Metzger and Vogt, JJ., concur Honorable James F. Macrum, Jr., Judge No. 97CR1119 _ *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA1907 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (17 of 30) [9/11/ :11:23 AM]

18 Thomas Stover, Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 96CR814 Division A ORDER AFFIRMED Opinion by JUDGE TAUBMAN AND CAUSE REMANDED Ruland and Rothenberg, JJ., concur WITH DIRECTIONS _ No. 98CA2011 NOT SELECTED FOR PUBLICATION Thomas C. Rabbitt, Appeal from the District Court of Arapahoe County Honorable James F. Macrum, Jr., Judge No. 95CR2407 Division A ORDER AFFIRMED Opinion by JUDGE DAVIDSON AND CAUSE REMANDED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (18 of 30) [9/11/ :11:23 AM]

19 Ney and Marquez, JJ., concur WITH DIRECTIONS No. 98CA2042 NOT SELECTED FOR PUBLICATION Drew Inc., a Pennsylvania corporation, Plaintiff-Appellant, Dean Evans, Defendant-Appellee. Appeal from the District Court of El Paso County Honorable Theresa M. Cisneros, Judge No. 98CV1132 Division I JUDGMENT AFFIRMED Opinion by JUDGE VOGT Metzger and Ney, JJ., concur No. 98CA2056 NOT SELECTED FOR PUBLICATION George M. Wilkinson, Plaintiff-Appellant, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (19 of 30) [9/11/ :11:23 AM]

20 Board of County Commissioners of Pitkin County, Defendant-Appellee. Appeal from the District Court of Pitkin County Division A ORDER AFFIRMED Opinion by JUSTICE KIRSHBAUM* Honorable T. Peter Craven, Judge No. 89CV24 Hume, C.J., and Erickson*, J., concur *Sitting by assignment of the Chief Justice under provisions of the Colo. Const. art. VI, Sec. 5(3), and , C.R.S No. 98CA2209 NOT SELECTED FOR PUBLICATION Irene D. Stevens, Plaintiff-Appellant, First Trust Corporation, d/b/a Retirement Accounts, Inc., Defendant-Appellee. Appeal from the District Court of the City and County of Denver Honorable Joseph E. Meyer, III, Judge No. 97CV7987 file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (20 of 30) [9/11/ :11:23 AM]

21 Division III JUDGMENT AFFIRMED IN PART Opinion by JUDGE CASEBOLT AND REVERSED IN PART Ruland and Roy, JJ., concur No. 98CA2349 NOT SELECTED FOR PUBLICATION Jeffrey A. Lawrence, Appeal from the District Court of the City and County of Denver Honorable Larry J. Naves, Judge No. 90CR2147 Division I ORDER AFFIRMED Opinion by JUDGE NEY Metzger and Vogt, JJ., concur No. 98CA2373 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (21 of 30) [9/11/ :11:23 AM]

22 Timothy S. Cross, Appeal from the District Court of Weld County Honorable Jonathan W. Hays, Judge Nos. 95CR532 & 96CR868 Division IV APPEAL DISMISSED IN PART Opinion by JUDGE ROTHENBERG AND AFFIRMED IN PART Jones and Briggs, JJ., concur No. 98CA2534 NOT SELECTED FOR PUBLICATION In re the Marriage of Marsha Eileen Haynie n/k/a Marsha Eileen Lister, Petitioner-Appellant, and Lynn Eric Haynie, Respondent. Appeal from the District Court of Alamosa County file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (22 of 30) [9/11/ :11:23 AM]

23 Honorable Robert W. Ogburn, Judge No. 97DR47 AND Lynn Haynie, Petitioner, and Candie Haynie n/k/a Candie Robertson, Respondent-Appellee. Appeal from the District Court of Alamosa County Honorable Robert W. Obgurn, Judge No. 92DR146 Division V ORDER AFFIRMED IN PART, Opinion by JUDGE TAUBMAN REVERSED IN PART, Davidson and Kapelke, JJ., concur APPEAL DISMISSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (23 of 30) [9/11/ :11:23 AM]

24 No. 99CA0377 NOT SELECTED FOR PUBLICATION In the Interest of J.J., Mi.J., and A.J., Children, Upon the Petition of the Logan County Department of Social Services, Petitioner-Appellee, and Concerning A.J., Respondent-Appellant, and Ma.J., Special Respondent-Appellant. Appeal from the District Court of Logan County Honorable James R. Leh, Judge No. 97JV4 Division V JUDGMENT AFFIRMED Opinion by JUDGE KAPELKE Davidson and Taubman, JJ., concur No. 99CA0418 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (24 of 30) [9/11/ :11:23 AM]

25 Chad H. Sohn, Appeal from the District Court of Adams County Honorable John Jess Vigil, Judge No. 98CR2624 Division A SENTENCE AFFIRMED Opinion by JUDGE NEY Davidson and Marquez, JJ., concur No. 99CA0459 NOT SELECTED FOR PUBLICATION Voisne A. Ross, Appeal from the District Court of Adams County Honorable Donald W. Marshall, Jr., Judge file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (25 of 30) [9/11/ :11:23 AM]

26 No. 95CR1432 Division A ORDER AFFIRMED Opinion by JUDGE RULAND Rothenberg and Taubman, JJ., concur No. 99CA1015 NOT SELECTED FOR PUBLICATION Scott A. Wolfe, Petitioner, The Industrial Claim Appeals Office of the State of Colorado, Motion Services Management, Inc., and Colorado Compensation Insurance Authority, Respondents. Review of Order from the Industrial Claim Appeals Office Division V ORDER AFFIRMED Opinion by JUDGE DAVIDSON Taubman and Kapelke, JJ., concur of the State of Colorado WC No No. 99CA1140 NOT SELECTED FOR PUBLICATION file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (26 of 30) [9/11/ :11:23 AM]

27 Angelina Schmeiser, Petitioner, The Industrial Claim Appeals Office of the State of Colorado and Amick Transfer & Storage Company, Respondents. Review of Order from the Industrial Claim Appeals Office Division A ORDER AFFIRMED Opinion by JUDGE JONES Criswell and Plank, JJ., concur of the State of Colorado DD No P E T I T I O N S F O R R E H E A R I N G No. 96CA1985 JoAnn Allen, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (27 of 30) [9/11/ :11:23 AM]

28 Plaintiff-Appellant, State Farm Mutual Automobile Insurance Company, Defendant-Appellee. Opinion Modified, and As Modified, Petition for Rehearing DENIED No. 97CA0035 Samuel V. Mandez, Petitions for Rehearing DENIED No. 98CA0162 Cornelius Williams, file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (28 of 30) [9/11/ :11:23 AM]

29 Petitions for Rehearing DENIED No. 98CA1817 Jimmy D. Gammon, Petition for Rehearing DENIED No. 98CA2162 Stephen G. Glover, Petition for Rehearing DENIED file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (29 of 30) [9/11/ :11:23 AM]

30 No. 98CA2508 Wallace Glenn Eckersley, Petition for Rehearing DENIED _ No. 99CA0148 Petitioner-Appellee, In the Interest of M.G. and C.G., Children, and Concerning T.G., a/k/a T.C., Respondent-Appellant. Petition for Rehearing DENIED _ file:///c /Documents%20and%20Settings/b888smw/Desktop/CA/1999/ htm (30 of 30) [9/11/ :11:23 AM]