-1- ANNOUNCEMENTS Colorado Court of Appeals May 22, 2014

Transcription

1 -1- COLORADO COURT OF APPEALS MAY 22, 2014 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. P U B L I S H E D O P I N I O N S Court of Appeals No. 11CA1071 Boulder County District Court No. 10CR392 Honorable M. Gwyneth Whalen, Judge Noah Ray Thomas, Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

2 -2- Court of Appeals No. 11CA2033 Arapahoe County District Court No. 09CR1013 Honorable Gerald J. Rafferty, Judge Patrick Sean Bridges, JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE ASHBY Casebolt and Richman, JJ., concur Court of Appeals No. 11CA2612 Adams County District Court No. 06CR3637 Honorable Chris Melonakis, Judge Jose Adan Desantiago, CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE TERRY Dailey and Miller, JJ., concur

3 -3- Court of Appeals No. 12CA2551 Arapahoe County District Court No. 12CV17 Honorable Charles M. Pratt, Judge Margarita Madrigal, individually and as next friend to, M.M., R.M.M., and J.M., minor children, Plaintiffs-Appellants, City of Aurora; and Juan Guzman, in his official capacity as Records Clerk for the City of Aurora, Defendants-Appellees. ORDER AFFIRMED Division VII Opinion by JUDGE NAVARRO J. Jones and Fox, JJ., concur Court of Appeals No. 13CA0940 Jefferson County District Court No. 12JR29 Honorable Ann Gail Meinster, Judge In re the Petition of R.A.M., Respondent-Appellant, for the adoption of B.G.B., a Child, and Concerning Creative Adoptions, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE ROMÁN Webb and Booras, JJ., concur

4 -4- Court of Appeals No. 13CA1023 Fremont County District Court No. 12CV236 Honorable Stephen A. Groome, Judge James R. Dawson, Jr., Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility, Defendants-Appellees. Division I Opinion by JUDGE DUNN Taubman and Plank*, JJ., concur Court of Appeals No. 13CA1185 City and County of Denver District Court No. 11CV5532 Honorable R. Michael Mullins, Judge Arnold A. Calderon, Plaintiff-Appellant, American Family Mutual Insurance Company, Defendant-Appellee. Division V Opinion by JUDGE HAWTHORNE J. Jones and Ashby, JJ., concur

5 -5- U N P U B L I S H E D O P I N I O N S Court of Appeals No. 10CA0538 Douglas County District Court No. 09CR82 Honorable Paul A. King, Judge Donte Charles Louie, Division II Opinion by JUDGE CASEBOLT Dailey and Berger, JJ., concur Court of Appeals No. 10CA2099 Arapahoe County District Court No. 92CR969 Honorable Elizabeth A. Weishaupl, Judge Honorable Deanna E. Hickman, Judge Gordon Raymond Reuell, II, ORDER REVERSED, SENTENCES VACATED, AND CASE REMANDED WITH DIRECTIONS Division V Opinion by JUDGE HAWTHORNE J. Jones and Ashby, JJ., concur

6 -6- Court of Appeals No. 11CA0479 Jefferson County District Court No. 09CR2750 Honorable Dennis J. Hall, Judge Marci Carrillo, AND CASE REMANDED WITH DIRECTIONS Division VII Opinion by JUDGE TERRY Lichtenstein and Rothenberg*, JJ., concur Court of Appeals No. 11CA0659 Mesa County District Court No. 95CR501 Honorable Valerie J. Robison, Judge Christopher Edward Butler, ORDER VACATED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur

7 -7- Court of Appeals No. 11CA0663 El Paso County District Court No. 10CR1056 Honorable Deborah J. Grohs, Judge Mario Antonio McComb, JUDGMENT AND SENTENCE AFFIRMED Division VI Opinion by JUDGE BOORAS Román and Richman, JJ., concur Court of Appeals No. 11CA0855 Jefferson County District Court No. 07CR3247 Honorable Stephen M. Munsinger, Judge Jose Heriberto Martinez-Lopez, ORDER AFFIRMED Division IV Opinion by JUDGE DUNN Graham and Fox, JJ., concur

8 -8- Court of Appeals No. 11CA1800 Mesa County District Court No. 10CR1411 Honorable Richard T. Gurley, Judge Daniel Ray Prescott, ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ROMÁN Richman and Booras, JJ., concur Court of Appeals No. 11CA1867 Weld County District Court Nos. 10CR1062, 10CR1063, 10CA1064, 10CR1065, 10CR1066 & 10CR1080 Honorable Thomas J. Quammen, Judge Kenneth Dean Holiman, Division VII Opinion by JUDGE LICHTENSTEIN Furman and Terry, JJ., concur

9 -9- Court of Appeals No. 11CA2100 City and County of Denver District Court No. 08CR5807 Honorable William D. Robbins, Judge Dexter Harris, JUDGMENT AND ORDER AFFIRMED Division I Opinion by JUDGE ROY Graham and Berger, JJ., concur Court of Appeals No. 12CA0010 City and County of Denver County District Court No. 10CR2494 Honorable Kenneth M. Laff, Judge Adawnous Donnil Henry, Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur

10 -10- Court of Appeals No. 12CA0312 El Paso County District Court No. 99CR3726 Honorable Deborah J. Grohs, Judge Kevin Richard Herrera, ORDER AFFIRMED Division VI Opinion by JUDGE BOORAS Román and Richman, JJ., concur Court of Appeals No. 12CA1245 Jefferson County District Court No. 06CR2980 Honorable Dennis J. Hall, Judge Ryan Derrick Martin, ORDER AFFIRMED Division III Opinion by JUDGE WEBB Gabriel and Miller, JJ., concur

11 -11- Court of Appeals No. 12CA1350 City and County of Denver District Court No. 94CR3441 Honorable William D. Robbins, Judge Earl David Hines, ORDER AFFIRMED Division IV Opinion by JUDGE FOX Graham and Dunn, JJ., concur Court of Appeals No. 12CA1594 Jefferson County District Court No. 11CR2952 Honorable Lily W. Oeffler, Judge Landon Jay McDonald, SENTENCES AFFIRMED Division III Opinion by JUDGE GABRIEL Webb and Miller, JJ., concur

12 -12- Court of Appeals No. 12CA2075 Adams County District Court No. 94CR1635 Honorable Chris Melonakis, Judge James Edwards McDaniels, ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division IV Opinion by JUDGE FOX Graham and Dunn, JJ., concur Court of Appeals No. 12CA2392 City and County of Denver District Court No. 10CV9674 Honorable Edward D. Bronfin, Judge Angela C. Hardy, Plaintiff-Appellant, Denver Public Schools, a Colorado school district; Andre Pettigrew; and Tom Boasberg, Defendants-Appellees. ORDERS AND Division IV Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur

13 -13- Court of Appeals No. 12CA2629 City and County of Denver District Court No. 11CR4290 Honorable Morris B. Hoffman, Judge Meagan K. Seymour, Division V Opinion by JUDGE ASHBY Hawthorne and J. Jones, JJ., concur Court of Appeals No. 13CA0148 Arapahoe County District Court No. 01CR1229 Honorable James F. Macrum, Judge Sammy Martinez Rodriguez Jr., ORDER AFFIRMED Division VII Opinion by JUDGE TERRY Furman and Lichtenstein, JJ., concur

14 -14- Court of Appeals No. 13CA0154 Fremont County District Court No. 12CV160 Honorable Stephen A. Groome, Judge Craig Robledo-Valdez, Plaintiff-Appellant, Executive Director of the Colorado Department of Corrections and Warden, Centennial Correctional Facility, Defendants-Appellees. Division I Opinion by CHIEF JUDGE LOEB Kapelke* and Nieto*, JJ., concur Court of Appeals No. 13CA0224 Gilpin County District Court No. 12CR72 Honorable Jack W. Berryhill, Judge James Harvey Rosier, SENTENCE AFFIRMED Division VI Opinion by JUDGE BOORAS Román and Richman, JJ., concur

15 -15- Court of Appeals No. 13CA0335 Kit Carson County District Court No. 11CR49 Honorable Michael K. Singer, Judge Seth Aron Ebright, Division VII Opinion by JUDGE LICHTENSTEIN Furman and Terry, JJ., concur Court of Appeals No. 13CA0530 Larimer County District Court No. 12CR88 Honorable Stephen J. Schapanski, Judge Fidel Hernandez Zamora, Division IV Opinion by JUDGE DUNN Graham and Fox, JJ., concur

16 -16- Court of Appeals No. 13CA0776 Yuma County District Court No. 07DR12 Honorable Michael K. Singer, Judge In re the Marriage of Larry Gilliland, Appellee, and Heather Gilliland, n/k/a Heather Akins, Appellant. ORDER AFFIRMED Division V Opinion by JUDGE BERNARD Graham and Berger, JJ., concur Court of Appeals No. 13CA0846 Arapahoe County District Court No. 12CV774 Honorable J. Mark Hannen, Judge Birsen Romero, Plaintiff-Appellant, Izzet P. Gunbil, Defendant-Appellee. Division II Opinion by JUDGE BERGER Casebolt and Dailey, JJ., concur

17 -17- Court of Appeals No. 13CA1147 Colorado State Personnel Board No. 2012B131 Arthur Robinson, Petitioner-Appellant, University of Colorado Denver, Information Technology Services, Respondent-Appellee, and State Personnel Board, Appellee. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Division VI Opinion by JUDGE ROMÁN Richman and Booras, JJ., concur

18 -18- Court of Appeals No. 13CA1162 City and County of Denver District Court No. 87CR74 Honorable Sheila A. Rappaport, Judge George L. Leslie, ORDERS AFFIRMED IN PART, APPEAL DISMISSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE MILLER Webb and Gabriel, JJ., concur Court of Appeals No. 13CA2029 Arapahoe County District Court No. 11CR2628 Honorable F. Stephen Collins, Judge Jerry Lee Greene, SENTENCE AFFIRMED Division V Opinion by JUDGE J. JONES Hawthorne and Ashby, JJ., concur

19 -19- Court of Appeals No. 13CA2031 Arapahoe County District Court No. 12JV978 Honorable Timothy L. Fasing, Judge Petitioner-Appellee, In the Interest of M.M.C. and J.K.C., Children, and Concerning J.E.C. and B.K.C., Respondents-Appellants. Division I Opinion by JUDGE NIETO* Loeb, C.J., and Kapelke*, J., concur Court of Appeals No. 13CA2056 Industrial Claim Appeals Office of the State of Colorado DD No Todd G. Lindsay, Petitioner, Industrial Claims Appeals Office of the State of Colorado and Denver Commercial Property Services, d/b/a SM Sweeping Company, Respondents. ORDER AFFIRMED Division IV Opinion by JUDGE GRAHAM Fox and Dunn, JJ., concur

20 -20- Court of Appeals No. 13CA2176 City and County of Denver Juvenile Court No. 08JV2939 Honorable Donna Schmalberger, Judge Petitioner-Appellee, In the Interest of L.A.N., a/k/a L.A.C., a Child, and Concerning L.M.B., Respondent-Appellant. JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WEBB Miller and Márquez*, JJ., concur Court of Appeals No. 13CA2205 Arapahoe County District Court No. 12JV263 Honorable Timothy L. Fasing, Judge Petitioner-Appellee, In the Interest of D.C., C.C., and C.C., Children, and Concerning V.L., Respondent-Appellant. Division II Opinion by JUDGE DAILEY Casebolt and Berger, JJ., concur

21 -21- Court of Appeals No. 13CA2359 El Paso County District Court No. 12JV2378 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of S.K.M-B., a Child, and Concerning L.B., Respondent-Appellant. Division II Opinion by JUDGE BERGER Casebolt and Dailey, JJ., concur Court of Appeals No. 14CA0008 El Paso County District Court No. 12JV2378 Honorable Thomas L. Kennedy, Judge Petitioner-Appellee, In the Interest of S.K.M-B., a Child, and Concerning K.M., Respondent-Appellant. Division II Opinion by JUDGE BERGER Casebolt and Dailey, JJ., concur

22 -22- Court of Appeals No. 10CA1380 P E T I T I O N S F O R R E H E A R I N G Terrance Jaquane Harris, Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 12CA0225 April Samuels, Petitioner, Industrial Claim Appeals Office of the State of Colorado, KC & ME, LLC, d/b/a Blake Street Deli, State Farm Fire and Casualty Company, Deli Zone, and Hartford Casualty Insurance Company, Respondents. Petition for Rehearing DENIED

23 -23- Court of Appeals No. 12CA0239 Latham James Jennings, Petition for Rehearing DENIED Court of Appeals No. 12CA0439 In re the Marriage of Angela D. Armstrong, Appellant, and Gregory L. Armstrong, Appellee. Petition for Rehearing DENIED

24 -24- Court of Appeals No. 12CA1428 K2D, Inc., a Colorado corporation, d/b/a Colorado Premium Foods, Gavin Kaszynski, Petition for Rehearing DENIED Court of Appeals No. 12CA2225 Arlus Daniel, Jr., Petition for Rehearing DENIED

25 -25- Court of Appeals No. 13CA0239 C. Randel Lewis, solely in his capacity as Receiver, Plaintiff-Appellee and Cross-Appellant, Steve Taylor, Defendant-Appellant and Cross-Appellee. Opinion Modified and Petition for Rehearing DENIED Court of Appeals No. 13CA1293 In re the Marriage of Christopher Nels Osher, Appellee, and Maria Alicia Lorca Veras, Appellant. Petition for Rehearing DENIED * Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, 5(3), and , C.R.S