-1- announcements colorado court of appeals september 23, …

21
-1- ANNOUNCEMENTS Colorado Court of Appeals September 23, 2021 _______________ __________________________ __________ _______________ ANNOUNCEMENTS COLORADO COURT OF APPEALS September 23, 2021 “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 2021COA124 Court of Appeals No. 19CA1196 Lake County District Court No. 13CR52 Honorable Catherine J. Cheroutes, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Delano Marco Medina, Defendant-Appellant. ORDER AFFIRMED Division III Opinion by JUDGE JOHNSON Furman and Graham*, JJ., concur

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Page 1: -1- ANNOUNCEMENTS Colorado Court of Appeals September 23, …

-1- ANNOUNCEMENTS

Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

ANNOUNCEMENTS

COLORADO COURT OF APPEALS September 23, 2021

“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

2021COA124 Court of Appeals No. 19CA1196

Lake County District Court No. 13CR52 Honorable Catherine J. Cheroutes, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

Delano Marco Medina,

Defendant-Appellant.

ORDER AFFIRMED

Division III

Opinion by JUDGE JOHNSON Furman and Graham*, JJ., concur

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-2- ANNOUNCEMENTS

Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

2021COA125

Court of Appeals No. 20CA0950 City and County of Denver District Court No. 19CV32507 Honorable Christopher J. Baumann, Judge

Johnson Nathan Strohe, P.C., f/k/a JG Johnson Architects,

Plaintiff-Appellant,

v. MEP Engineering, Inc.,

Defendant-Appellee.

JUDGMENT AFFIRMED IN PART AND REVERSED IN PART,

ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE BERGER Richman and Welling, JJ., concur

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-3- ANNOUNCEMENTS

Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

U N P U B L I S H E D O P I N I O N S

Court of Appeals No. 18CA0780 Mesa County District Court No. 17CR287

Honorable Brian J. Flynn, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Michael Anthony DuPont,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III Opinion by JUDGE FURMAN

Lipinsky and Brown, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 18CA2270

Weld County District Court No. 17CR1462 Honorable Shannon D. Lyons, Judge

The People of the State of Colorado, Plaintiff-Appellee,

v.

Guadalupe Baldivia,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS

Division V Opinion by JUDGE J. JONES

Grove and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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-4- ANNOUNCEMENTS

Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 18CA2468

El Paso County District Court No. 17CR6932 Honorable David L. Shakes, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

James Parker,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE WELLING Fox and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 19CA0528 El Paso County District Court No. 10CR2483 Honorable Marla Prudek, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v. Tnias Dmitri Pike,

Defendant-Appellant.

ORDER AFFIRMED

Division I Opinion by JUDGE VOGT*

Dailey and Kuhn, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA0817

Lake County District Court No. 18JD14 Honorable Catherine J. Cheroutes, Judge

The People of the State of Colorado,

Petitioner-Appellee, In the Interest of G.V.,

Juvenile-Appellant.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE GROVE

Navarro and Pawar, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 19CA1970 Weld County District Court No. 10CR2120

Honorable Thomas J. Quammen, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

Scott David Walker, Defendant-Appellant.

ORDER AFFIRMED

Division VI

Opinion by CHIEF JUDGE BERNARD

Welling and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 19CA2373

City and County of Broomfield District Court No. 19CV13 Honorable Robert W. Kiesnowski, Jr., Judge

Jeff Estes, Special Conservator for Damian Nuckles,

Plaintiff-Appellant, v.

A&S Towing, LLC,

Defendant-Appellee.

JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE GROVE Navarro and Pawar, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 20CA0073 Adams County District Court No. 19CR1551 Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v. Matthew Scott Nagel,

Defendant-Appellant.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE PAWAR

Navarro and Grove, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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-7- ANNOUNCEMENTS

Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0108

Arapahoe County District Court No. 15CV31745 Honorable Charles M. Pratt, Judge

Lana Gallus,

Plaintiff-Appellant, v.

Conoco/Phillips Company; George G. Vaught, Jr.; and Paul L. McCullis,

Defendants-Appellees.

APPEAL DISMISSED

Division VI

Opinion by JUDGE FOX Welling and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 20CA0355 Adams County District Court No. 19CR1046 Honorable Mark D. Warner, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v. Scott David Richendifer,

Defendant-Appellant.

JUDGMENT REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE LIPINSKY

Furman and Brown, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0387

City and County of Denver District Court No. 86CR1039 Honorable Karen L. Brody, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

Nelson L. Stubblefield,

Defendant-Appellant.

ORDERS AFFIRMED

Division II

Opinion by JUDGE YUN Román and Berger, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 20CA0396 Chaffee County District Court No. 18CV11 Honorable Patrick W. Murphy, Judge

Craig Robledo-Valdez,

Plaintiff-Appellant,

v. Colorado Department of Corrections,

Defendant-Appellee.

APPEAL DISMISSED

Division III Opinion by JUDGE BROWN

Furman and Lipinsky, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0438

Rio Grande County District Court No. 17CV30033 Honorable Amanda C. Hopkins, Judge

Corin Romero,

Plaintiff-Appellant, v.

Monte Vista School District No. C-8,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division I

Opinion by JUDGE YUN Dailey and Graham*, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 20CA0679 Mesa County District Court No. 18CR902 Honorable Matthew D. Barrett, Judge

The People of the State of Colorado,

Plaintiff-Appellee,

v. Marshall James Stephens,

Defendant-Appellant.

ORDER AFFIRMED

Division III Opinion by JUDGE BROWN

Furman and Lipinsky, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0723

Board of Assessment Appeals Nos. 75789 and 75790 Lance Wood,

Petitioner-Appellant,

v.

Grand County Board of Equalization, Respondent-Appellee,

and

Board of Assessment Appeals,

Appellee.

ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS

Division V Opinion by JUDGE GOMEZ

Richman and Harris, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA0971

Mesa County District Court No. 19CV30280 Honorable Valerie J. Robison, Judge

Rick Warren; Jan Warren; June Colosimo; John Colosimo; Tom Pederson; Monica Pederson; Gene Admire; Diann Admire; Paul Ewing; Korene Ewing; and

Donna Marie, Plaintiffs-Appellees,

v.

The City of Grand Junction, Colorado; GJ Ute LLC; and 26 Road LLC,

Defendants-Appellants.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE WELLING Bernard, C.J., and Johnson, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA1055

City and County of Denver District Court No. 19CV31378 Honorable Robert L. McGahey, Judge

Albert Monson,

Plaintiff-Appellee, v.

Edge Properties, Inc., a Colorado corporation, d/b/a Edge Property Management,

Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division VII

Opinion by JUDGE PAWAR Navarro and Grove, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA1320

El Paso County District Court No. 19DR31189 Honorable Francis R. Johnson, Judge

In re the Marriage of

Christina Marie Davis, Appellant,

and

Lamont Louis Davis, II,

Appellee.

JUDGMENT AFFIRMED IN PART, REVERSED IN PART,

AND CASE REMANDED WITH DIRECTIONS

Division VII Opinion by JUDGE NAVARRO Grove and Pawar, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA1352

Weld County District Court No. 19CV31017 Honorable Shannon D. Lyons, Judge

Kevin Schlegel,

Plaintiff-Appellant, v.

Elizabeth Winberry,

Defendant-Appellee.

JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Division IV Opinion by JUDGE FREYRE

J. Jones and Tow, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA1428

City and County of Denver District Court No. 14CV31778 Honorable Christopher J. Baumann, Judge

Cary A. Smith,

Plaintiff-Appellee, v.

Rocky Mountain Planned Parenthood, Inc., a nonprofit corporation, d/b/a Planned Parenthood of The Rocky Mountains, Inc.,

Defendant-Appellee,

and

Timothy D. Smith,

Appellant.

APPEAL DISMISSED

Division II

Opinion by JUDGE ROMÁN

Berger and Yun, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 20CA1919

City and County of Denver District Court No. 14DR2270 Honorable Jill D. Dorancy, Judge

In re the Marriage of

Kristin Morales, Appellant,

and

Jeremy Tabangay,

Appellee.

APPEAL DISMISSED IN PART

AND ORDER AFFIRMED

Division III Opinion by JUDGE BROWN

Furman and Lipinsky, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 21CA0032 Jefferson County District Court No. 20JV324 Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Appellee,

In the Interest of S.B-H., a Child,

and Concerning H.B., Appellant.

JUDGMENT AFFIRMED

Division IV Opinion by JUDGE J. JONES

Freyre and Tow, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 21CA0065

Fremont County District Court No. 18JV89 Honorable Ramsey Lama, Judge

The People of the State of Colorado,

Appellee, In the Interest of A.C-H. and Z.H., Children,

and Concerning M.H. and C.H.,

Appellants.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE ROMÁN Berger and Yun, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 21CA0141 Jefferson County District Court No. 18JV844 Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Appellee,

In the Interest of L.G., a Child, and Concerning M.G.,

Appellant.

JUDGMENT AFFIRMED

Division VI Opinion by JUDGE FOX

Welling and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 21CA0340

Jefferson County District Court No. 20JV17 Honorable Ann Gail Meinster, Judge

The People of the State of Colorado,

Appellee, In the Interest of F.W., a Child,

and Concerning J.W.,

Appellant.

JUDGMENT AFFIRMED

Division V

Opinion by JUDGE RICHMAN Harris and Gomez, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 21CA0403 Adams County District Court No. 19JV353 Honorable Patrick H. Pugh, Judge

The People of the State of Colorado,

Appellee,

In the Interest of K.L., a Child, and Concerning R.L.,

Appellant.

JUDGMENT AFFIRMED

Division I Opinion by JUDGE DAVIDSON*

Bernard, C.J., and Graham*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 21CA0470

Mesa County District Court No. 19JV241 Honorable Lance P. Timbreza, Judge

The People of the State of Colorado,

Appellee, In the Interest of Z.L.B., a Child,

and Concerning S.B.S.T.,

Appellant.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE WELLING Fox and Johnson, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 21CA0492 El Paso County District Court No. 19JV22 Honorable Robin Chittum, Judge

People of the State of Colorado,

Appellee,

In the Interest of L.G.-G., a Child, and Concerning K.G.,

Appellant.

JUDGMENT AFFIRMED

Division V Opinion by JUDGE GOMEZ

Richman and Harris, JJ., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

Court of Appeals No. 21CA0558

El Paso County District Court No. 19JV311 Honorable Jessica L. Curtis, Judge

The People of the State of Colorado,

Appellee, In the Interest of D.B., a Child,

and Concerning A.G.,

Appellant.

JUDGMENT AFFIRMED

Division I

Opinion by JUDGE GRAHAM* Bernard, C.J., and Davidson*, J., concur

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

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Colorado Court of Appeals

September 23, 2021

_______________ __________________________ __________ _______________

P E T I T I O N S F O R R E H E A R I N G

Court of Appeals No. 18CA1474

The People of the State of Colorado,

Plaintiff-Appellee, v.

Kevin James Romero,

Defendant-Appellant.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

Court of Appeals No. 19CA2385

Benjamin John Romero,

Plaintiff-Appellant, v.

Dean Williams, Executive Director of the Colorado Department of Corrections, and Jeff Long, Warden, Sterling Correctional Facility,

Defendants-Appellees.

Petition for Rehearing DENIED

NOT PUBLISHED PURSUANT TO C.A.R. 35(e)

*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art.

VI, § 5(3), and § 24-51-1105, C.R.S. 2020.