p u b l i s h e d o p i n i o n s - co courts-5- announcements colorado court of appeals october 24,...

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ANNOUNCEMENTS Colorado Court of Appeals

October 24, 2013

__________________________________________________________________ ANNOUNCEMENTS

COLORADO COURT OF APPEALS OCTOBER 24, 2013

“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. 10CA0791 Weld County District Court No. 09CR568

Honorable Gilbert A. Gutierrez, Judge Honorable Todd L. Taylor, Judge

The People of the State of Colorado,

Plaintiff-Appellee, v.

Jorge Arturo Medrano-Bustamante,

Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED IN PART AND VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE DUNN

Webb, J., concurs in part and dissents in part Bernard, J., concurs in part and dissents in part

http://www.courts.state.co.us/Courts/Court_of_Appeals/Opinion/2013/10CA0791-PD.pdf

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October 24, 2013

__________________________________________________________________ Court of Appeals No. 10CA1207

Gunnison County District Court No. 09CR81 Honorable J. Steven Patrick, Judge


Plaintiff-Appellee,

v. Michelle L. Zadra,


JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, SENTENCE AFFIRMED IN PART AND VACATED IN PART

Division III

Opinion by JUDGE J. JONES

Dailey and Román, JJ., concur

Court of Appeals No. 11CA2626

Larimer County District Court No. 10PR228 Honorable Gregory M. Lammons, Judge

In re the Estate of Jeanette Elizabeth Grosboll, a/k/a Jeanette E. Grosboll, deceased; and Ashley Nelson Grosboll, a/k/a Ashley N. Grosboll, deceased.

Jo Ann C. Grosboll,

Appellant,

v. Robert Grosboll, Jr.; Eric Grosboll; and Christopher Grosboll,

Appellees.

ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS

Division IV

Opinion by JUDGE LICHTENSTEIN

Webb and Fox, JJ., concur



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October 24, 2013


Industrial Claim Appeals Office of the State of Colorado DD No. 14668-2012

Ouray Sportswear, LLC,

Petitioner,

v. Industrial Claim Appeals Office of the State of Colorado and Division of

Unemployment Insurance UI Tax Administration, Respondents.

ORDER SET ASIDE

Division III

Opinion by JUDGE DAILEY

Román and J. Jones, JJ., concur


Larimer County District Court No. 13MH173 Honorable Thomas R. French, Judge


Petitioner-Appellee,

In the Interest of Gabriel Vivekanathan, Respondent-Appellant.

APPEAL DISMISSED

Division VII

Opinion by JUDGE FOX

Booras, J., concurs Hawthorne, J., dissents



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October 24, 2013


Larimer County District Court No. 12CV1654 Honorable Devin R. Odell, Judge

Triple Crown at Observatory Village Association, Inc.,

Plaintiff-Petitioner,

v. Village Homes of Colorado, Inc.; Peter Benson; Brian Graves; Mark McCallum;

Rudy Hansch; Kelly Martinez; Ronald Hettinger; and Elyssa Blazier, Defendants-Respondents.

PETITION GRANTED

Division A

Opinion by JUDGE GABRIEL

Webb, J., concurs Terry, J., dissents

Announced October 24, 2013


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October 24, 2013

__________________________________________________________________

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


Elbert County District Court No. 05CR22 Honorable Jack F. Smith, Judge Honorable Thomas Levi, Judge


Plaintiff-Appellee,

v. Daryle Ernest Hemphill,


JUDGMENT AND SENTENCES VACATED IN PART

AND CASE REMANDED WITH DIRECTIONS

Division II Opinion by JUDGE VOGT*

Loeb, C.J., and Sternberg*, J., concur

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

Court of Appeals No. 09CA1800 Weld County District Court No. 07CR2227

Honorable Marcelo A. Kopkow, Judge

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

v.

Jose Francisco Hernandez,


JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS

Division V

Opinion by JUDGE ROY* Richman and Navarro, JJ., concur


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October 24, 2013


Jefferson County District Court No. 08CR1806 Honorable Stephen M. Munsinger, Judge

Honorable Jane Tidball, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

Cari Marie Martinez, Defendant-Appellant.

JUDGMENT AFFIRMED

Division II

Opinion by JUDGE VOGT*




City and County of Denver District Court No. 08CR5997 Honorable Anne M. Mansfield, Judge


v.

Benjamin Sorensen,


CASE REMANDED WITH DIRECTIONS

Division III

Opinion by JUDGE DAILEY Román and J. Jones, JJ., concur


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October 24, 2013


El Paso County District Court No. 09CR3320 Honorable Jann P. Dubois, Judge


Plaintiff-Appellee,

v. Vanessa Lucero,


JUDGMENT AFFIRMED

Division II Opinion by JUDGE STERNBERG* Loeb, C.J., and Vogt*, J., concur


Court of Appeals No. 11CA1055 City and County of Denver District Court No. 10CR2187

Honorable Edward D. Bronfin, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

Joshua Levi Holley, Defendant-Appellant.

JUDGMENT AFFIRMED AND CASE

REMANDED WITH DIRECTIONS

Division I

Opinion by JUDGE TAUBMAN Lichtenstein and Miller, JJ., concur


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October 24, 2013


Arapahoe County District Court No. 08CR2171 Honorable John L. Wheeler, Judge


Plaintiff-Appellee,

v. Louis Joe Reaves,


JUDGMENT AND SENTENCE AFFIRMED

Division VII Opinion by JUDGE BOORAS

Hawthorne and Fox, JJ., concur


Court of Appeals No. 11CA2070 Arapahoe County District Court No. 07CR1928

Honorable John L. Wheeler, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

V Alexzander James, Defendant-Appellant.

JUDGMENT AND SENTENCE AFFIRMED

Division IV Opinion by JUDGE BERNARD

Webb and Dunn, JJ., concur


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October 24, 2013


Arapahoe County District Court No. 09JA4150 Honorable William Blair Sylvester, Judge

Honorable James Macrum, Jr., Judge In the Petition of S.H.,


for the Adoption of J.C.B., a Child,

and Concerning W.T., Appellant.

JUDGMENT AFFIRMED

Division II Opinion by JUDGE VOGT*



Court of Appeals No. 12CA0503 El Paso County District Court No. 11CV172

Honorable Barbara L. Hughes, Judge

Reginald Reed, Plaintiff-Appellant,

v.

Memorial Health System; Dale R. Agthe, Assistant City Attorney for Memorial Health System; and El Paso County Sheriff’s Office,

Defendants-Appellees.

JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL Carparelli and Furman, JJ., concur


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October 24, 2013


El Paso County District Court Nos. 99CR4765, 04CR3717, 04CR3847 & 04CR3857

Honorable Robert L. Lowrey, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

Lloyd Victor Haynes, Defendant-Appellant.

ORDER AFFIRMED

Division IV Opinion by JUDGE BERNARD

Webb and Dunn, JJ., concur


Court of Appeals No. 12CA0755 City and County of Denver District Court No. 10DR1526

Honorable Michael J. Vallejos, Judge

In re the Marriage of Patsy K. Gallery

Appellant,

and

Stanley A. Gallery, Appellee.


Division VII

Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur


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October 24, 2013


Yuma County District Court No. 02CR15 Honorable Michael K. Singer, Judge


Plaintiff-Appellee,

v. Michael DuWayne Jacobs,


ORDER AFFIRMED

Division II

Opinion by CHIEF JUDGE LOEB Kapelke* and Nieto*, JJ., concur


Court of Appeals No. 12CA1039 Douglas County District Court No. 11CR145 Honorable Paul A. King, Judge

Honorable Jack F. Smith, Judge


v.

Richard Thornton,


JUDGMENT AFFIRMED

Division VI

Opinion by JUDGE GABRIEL Carparelli and Furman, JJ., concur


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October 24, 2013


City and County of Denver District Court No. 12CV2522 Honorable Christina M. Habas, Judge

Deedrick Williams,

Plaintiff-Appellant,

v. Deutsche Bank National Trust Company as Trustee under the Pooling and

Servicing Agreement dated as of October 1, 2004, Defendant-Appellee.

ORDER AFFIRMED

Division I

Opinion by JUDGE ROMÁN

Taubman and Fox, JJ., concur



La Plata County District Court No. 10CV246 Honorable Elizabeth Beebe Volz, Judge

Ute Lake Ranch, Inc., a Colorado corporation; and DVR, LLC, a Colorado limited liability company,

Plaintiffs-Appellees,

v. Bruce Hamon,


JUDGMENT AFFIRMED

Division VII

Opinion by JUDGE FOX

Hawthorne and Booras, JJ., concur


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October 24, 2013

__________________________________________________________________ Court of Appeals Nos. 12CA1216 & 12CA2242

Arapahoe County District Court No. 10CR2045 Honorable Michael J. Spear, Judge


Plaintiff-Appellee,

v. Randy Douglas Baldessari,


ORDERS AFFIRMED

Division II Opinion by JUDGE NIETO*

Loeb, C.J., and Kapelke*, J., concur


Court of Appeals No. 12CA1291 Pitkin County District Court No. 10CR46

Honorable Gail H. Nichols, Judge The People of the State of Colorado,

Plaintiff-Appellee,

v.

Warren Clarence Carter, Defendant-Appellant.

ORDER AFFIRMED

Division V Opinion by JUDGE GRAHAM

Richman and Navarro, JJ., concur


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October 24, 2013


Jefferson County District Court No. 11PR1050 Honorable Stephen M. Munsinger, Judge

In re the Estate of Norman Tolleson, a protected person.

Jefferson County Department of Human Services,

Petitioner-Appellee, v.

James M. Zarlengo,

Appellant.

JUDGMENTS AFFIRMED

Division VII

Opinion by JUDGE HAWTHORNE Booras and Fox, JJ., concur


Court of Appeals No. 12CA1848 Weld County District Court No. 11JA19 Honorable Marcelo A. Kopcow, Judge

In re the Petition of K.C.M. and G.R.M.,

Petitioners-Appellees,

for the Adoption of S.H., a Child, and Concerning L.H.,

Respondent-Appellant.


Division II


Casebolt and Dunn, JJ., concur


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October 24, 2013


City and County of Denver District Court No. 11CV3770 Honorable John N. McMullen, Judge

John Davis,


v. School District No. 1 in the City and County of Denver,

Defendant-Appellee.

ORDER AFFIRMED

Division VI Opinion by JUDGE FURMAN

Carparelli and Gabriel, JJ., concur


Court of Appeals No. 12CA1965 Jefferson County District Court No. 11DR3027

Honorable Christopher C. Zenisek, Judge In re the Marriage of

Ellen C. Strazzeri, f/k/a Ellen C. Persinger,

Appellee,

and Gene E. Persinger, Jr.,

Appellant.

JUDGMENT AND ORDER AFFIRMED

Division I Opinion by JUDGE TAUBMAN

Lichtenstein and Miller, JJ., concur


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October 24, 2013


Boulder County District Court No. 09CV236 Honorable Ingrid S. Bakke, Judge

Honorable Maria E. Berkenkotter, Judge Martin Sterenbuch,


v.

E. Warren Goss, III; Lyle Smith; and Intercontinental Capital Management, LTD,



Division III Opinion by JUDGE DAILEY

Román and J. Jones, JJ., concur


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October 24, 2013


El Paso County District Court No. 94DR2512 Honorable Deborah J. Grohs, Judge

In re the Marriage of

Patricia C. Eck,

Appellee, and

Raymond C. Eck,

Appellant.

ORDER AFFIRMED

Division IV

Opinion by JUDGE WEBB Bernard and Dunn, JJ., concur


Court of Appeals No. 12CA2271 Industrial Claim Appeals Office of the State of Colorado WC No. 4-784-196

David Valdez,

Petitioner,

v. Industrial Claim Appeals Office of the State of Colorado; Alstom, Inc.; and

Zurich American, Respondents.

ORDER AFFIRMED

Division I


Taubman and Miller, JJ., concur


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October 24, 2013


Larimer County District Court No. 12CV760 Honorable Dave Williams, Judge

F&C Door Check and Lock Service, Inc., a Colorado corporation; and Fred Hepp, Owner,

Plaintiffs-Appellants,

v.

Windsor Severance Fire Protection District; and Dohn Construction, Inc., a Colorado corporation,


JUDGMENT AFFIRMED

Division A

Opinion by CHIEF JUDGE LOEB Sternberg* and Vogt*, JJ., concur


Court of Appeals No. 12CA2539 Arapahoe County District Court Nos. 00CR2570 & 10CR388 Honorable Carlos A. Samour, Jr., Judge


Plaintiff-Appellee,

v. Monte Eugene Eldridge,


ORDER AFFIRMED

Division I Opinion by JUDGE MILLER

Taubman and Lichtenstein, JJ., concur


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October 24, 2013


Weld County District Court No. 11CV278 Honorable Daniel S. Maus, Judge

Robert M. Waldo, as Personal Representative of the Estate of Albert Sinner,

Plaintiff-Appellee,

v. Dennis Skinner,


ORDER AFFIRMED AND CASE REMANDED WITH DIRECTIONS

Division VI

Opinion by JUDGE GABRIEL

Carparelli and Furman, JJ., concur



Arapahoe County District Court No. 12CV288 Honorable Carlos A. Samour, Jr., Judge

Jerry Mahan, Plaintiff-Appellant,

v.

PTT Properties,

Defendant-Appellee.

JUDGMENT AND ORDER AFFIRMED

Division A

Opinion by CHIEF JUDGE LOEB Sternberg* and Vogt*, JJ., concur


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October 24, 2013


Logan County District Court No. 12JV63 Honorable Michael K. Singer, Judge



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


ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS

Division A

Opinion by CHIEF JUDGE LOEB

Sternberg* and Vogt*, JJ., concur




Iryna Petushchak, Petitioner,

v.

Industrial Claim Appeals Office of the State of Colorado; and Masters Touch Homes,

Respondents.

ORDER AFFIRMED

Division VII Opinion by JUDGE HAWTHORNE

Booras and Fox, JJ., concur


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October 24, 2013


El Paso County District Court No. 12JV5 Honorable Regina M. Walter, Judge



In the Interest of K.K., and A.K., Children, and Concerning B.H.,


JUDGMENT AFFIRMED

Division A Opinion by JUDGE STERNBERG* Loeb, C.J., and Vogt*, J., concur


Court of Appeals No. 13CA0933 Pueblo County District Court No. 12JV341

Honorable Deborah R. Eyler, Judge The People of the State of Colorado,


In the Interest of E.L., M.L., and S.L., Children,

and Concerning S.L., Respondent-Appellant.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE BOORAS

Hawthorne and Fox, JJ., concur


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October 24, 2013


Mesa County District Court No. 13JV1 Honorable Thomas M. Deister, Judge

Honorable Valerie J. Robison, Judge The People of the State of Colorado,


In the Interest of S.F., T.K., and T.F., Children,

and Concerning U.F., Respondent-Appellant.

ORDERS AFFIRMED

Division A

Opinion by JUDGE VOGT*




El Paso County District Court No. 10JV881 Honorable G. David Miller, Judge

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

In the Interest of A.H. and T.H., Children,

and Concerning T.H. and P.H.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division IV

Opinion by JUDGE BERNARD Webb and Dunn, JJ., concur


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October 24, 2013

__________________________________________________________________


Larimer County District Court No. 12JV114 Honorable Devin R. Odell, Judge



In the Interest of Y.B., F.B., and C.B. Children, and Concerning F.B. and R.M.,

Respondents-Appellants.

JUDGMENT AFFIRMED

Division VII Opinion by JUDGE FOX

Hawthorne and Booras, JJ., concur


Court of Appeals No. 13CA1066 Adams County District Court No. 12JV104

Honorable Francis C. Wasserman, Judge The People of the State of Colorado,


In the Interest of G.E.T., a Child,

and Concerning A.L.T., Respondent-Appellant.

JUDGMENT AFFIRMED

Division IV Opinion by JUDGE DUNN

Webb and Bernard, JJ., concur


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October 24, 2013



Paula L. Wood,

Petitioner,

v. Industrial Claim Appeals Office of the State of Colorado; and Stellar Senior

Living LLC, Respondents.

ORDER AFFIRMED

Division III

Opinion by JUDGE ROMÁN

Dailey and J. Jones, JJ., concur



La Plata County District Court No. 13CR139 Honorable William L. Herringer, Judge

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

v.

Jeffery Rey Gallegos,

Defendant-Appellee.

ORDER REVERSED AND CASE

REMANDED WITH DIRECTIONS

Division V Opinion by JUDGE NAVARRO

Graham and Richman, JJ., concur


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October 24, 2013



Brenda L. Robbins,

Petitioner,

v. Industrial Claim Appeals Office of the State of Colorado and Peas in a Pod, LLC,

Respondents.

ORDER AFFIRMED

Division III Opinion by JUDGE J. JONES

Dailey and Román, JJ., concur


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October 24, 2013

__________________________________________________________________

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



Plaintiff-Appellee,

v. Asim Abdullah,


Petition for Rehearing DENIED


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

VI, § 5(3), and § 24-51-1105, C.R.S. 2013.

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