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-1- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
ANNOUNCEMENTS COLORADO COURT OF APPEALS June 18, 2020
“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
2020COA96 Court of Appeals No. 17CA2003 Mesa County District Court No. 16CR5204 Honorable Lance P. Timbreza, Judge The People of the State of Colorado, Plaintiff-Appellee, v. David Scott Kern, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division I Opinion by JUDGE NAVARRO Dailey and Gomez, JJ., concur
-2- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
2020COA97 Court of Appeals No. 18CA0085 Lincoln County District Court No. 16CR83 Honorable Robert R. Lung, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Zachary Curtis Oliver, Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TOW Róman and Pawar, JJ., concur
2020COA98 Court of Appeals No. 19CA0786 Adams County District Court No. 18CV30733 Honorable Edward C. Moss, Judge Lyubov Bocian, Plaintiff-Appellant, v. Owners Insurance Company, Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI Opinion by JUSTICE MARTINEZ* Richman and Yun, JJ., concur
-3- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
U N P U B L I S H E D O P I N I O N S Court of Appeals No. 15CA1368 Jefferson County District Court No. 12CR1487
Honorable Todd L. Vriesman, Judge The People of the State of Colorado, Plaintiff-Appellee, v. William Arthur Lindsey, Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FOX Richman and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1110 Jefferson County District Court No. 15CR317 Honorable Christopher C. Zenisek, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Ubaldo Antonio Chavez, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV
Opinion by JUDGE TERRY Freyre and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-4- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 16CA2087 Jefferson County District Court No. 15CR2849 Honorable Tamara S. Russell, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Jeremy Scott Barritt, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division VII Opinion by JUDGE TOW
J. Jones and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0197 Mesa County District Court No. 14JD186 Honorable Thomas M. Deister, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of T.P.S., Juvenile-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE FOX
Navarro and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-5- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA0557 El Paso County District Court No. 15CR5331 Honorable David Prince, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Robert Christopher Deaguero, Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE J. JONES Welling and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA1463 Jefferson County District Court No. 16CR1585 Honorable Dennis J. Hall, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Patrick Engle, Defendant-Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE GOMEZ
J. Jones and Welling, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-6- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA1507 Adams County District Court No. 16CR2679 Honorable Donald S. Quick, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Eduar Renan Lozano-Velasquez, Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE DUNN Richman and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA1817 City and County of Denver District Court No. 16CR7718 Honorable Brian R. Whitney, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Demetrius L. Wilson, Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE FURMAN
Welling and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-7- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA1940 Arapahoe County District Court No. 15CR2400 Honorable Andrew Baum, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Melissa Heather King, Defendant-Appellant.
JUDGMENT AFFIRMED
Division II Opinion by JUDGE ROMÁN
Tow, J., concurs Pawar, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA2122 Arapahoe County District Court Nos. 11CR690 & 11CR770 Honorable Patricia D. Herron, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Leroy James Chavez, Defendant-Appellant.
ORDER AFFIRMED
Division V Opinion by JUDGE HARRIS
J. Jones and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-8- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA2238 City and County of Denver District Court No. 14CR4619 Honorable Kandace C. Gerdes, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Stephen K. Hamper, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V Opinion by JUDGE J. JONES
Welling and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0090 El Paso County District Court No. 17CR1572 Honorable Theresa M. Cisneros, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Adam Jacob Hille, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV Opinion by JUDGE TERRY
Freyre and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-9- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA0325 Arapahoe County District Court No. 08CR2105 Honorable John L. Wheeler, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Francis M. Hernandez, Defendant-Appellant.
ORDER AFFIRMED
Division VI Opinion by JUDGE DUNN
Richman and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1732 City and County of Denver District Court No. 18DR30148 Honorable Andrew P. McCallin, Judge In re the Parental Responsibilities Concerning A.J., a Child, and Concerning Jennifer Curley and Brian Curley, Appellants, and Nathan Joy and Avery Workman, Appellees.
ORDERS AFFIRMED
Division III Opinion by JUDGE GROVE
Furman and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-10- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA1761 Arapahoe County District Court Nos. 17JV261 & 17JV504 Honorable Natalie T. Chase, Judge
The People of the State of Colorado, Appellee, In the Interest of N.W. and B.K-W., Children, and Concerning D.W. and J.D., Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LIPINSKY Dunn and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1955 Gunnison County District Court No. 17CR46 Honorable J. Steven Patrick, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Laverne Moter, Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE RICHMAN Dunn and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-11- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0247 Ouray County District Court No. 16CV30012 Honorable D. Cory Jackson, Judge
David E. Webb, Plaintiff-Appellant, v. Snowy Ridge Builders, LLC and Matt Bonnett, Defendants-Appellees.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE GRAHAM*
Freyre and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0263 Larimer County District Court No. 17CV30878 Honorable C. Michelle Brinegar, Judge Pamela Buffington; Terry Anderson; Glenda J. Anderson; Grant E. Hall; Joyce A. Hall, and Michael Knaub, Plaintiffs-Appellees, v. Bernis Harold Hollaway, Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE YUN
Richman and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-12- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0365 Crowley County District Court No. 18CV41 Honorable Michael A. Schiferl, Judge
Dominique M. Smith, Plaintiff-Appellant, v. Dean Williams, Executive Director of the Colorado Department of Corrections; and Warden of Crowley County Correctional Facility, Defendants-Appellees.
APPEAL DISMISSED
Division I Opinion by JUDGE HAWTHORNE* Dailey and Davidson*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-13- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals Nos. 19CA0610 & 19CA0975 City and County of Denver District Court No. 18CV34347 Honorable Brian R. Whitney, Judge
Randall Taylor and David A. Ponto, Plaintiffs-Appellants, and Chipman Glasser LLC and Jennifer Osgood, Appellants, v. B-Mex II LLC, a Colorado limited liability company, Defendant-Appellee.
JUDGMENT VACATED, ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE NAVARRO Fox and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-14- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0839 Arapahoe County District Court No. 18CV30919 Honorable Frederick Martinez, Judge
Lloyd Sidley, Plaintiff-Appellant, v. Roshan Dulal, Defendant-Appellee, and State Farm Mutual Automobile Insurance Company, Intervenor-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE WELLING J. Jones and Taubman*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-15- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1023 Adams County District Court No. 17CV30884 Honorable Jaclyn C. Brown, Judge
Centura Health Corporation and Catholic Health Initiatives Colorado, d/b/a St. Anthony North Health Campus, Plaintiffs-Appellants, v. Lisa Melody French, Defendant-Appellee.
ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE FOX Navarro and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1186 City and County of Denver District Court No. 15CV253 Honorable Andrew P. McCallin, Judge Lilamaria Devon Hailey, Plaintiff-Appellant, v. George E. Hailey, Defendant-Appellee.
ORDER AFFIRMED
Division I Opinion by JUDGE DAILEY
Davidson* and Hawthorne*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-16- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1515 Adams County District Court No. 12CR1694 Honorable Patrick T. Murphy, Judge Honorable C. Vincent Phelps, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Tracy Lea Vasseur, Defendant-Appellant.
ORDER AFFIRMED
Division I Opinion by JUDGE JOHNSON Dailey and Harris, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-17- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1601 Arapahoe County District Court No. 16DR31027 Honorable Peter F. Michaelson, Judge
In re the Marriage of Forat Alshayib, Appellant, and Patricia Gallegos, Appellee, and Concerning Arapahoe County Department of Human Services, Intervenor.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART
Division VII
Opinion by JUDGE BROWN Fox and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-18- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1611 Douglas County District Court No. 13DR30039 Honorable Patricia D. Herron, Judge
In re Marriage of Ioana Marin, Appellee, and Gabriel Dorio Marin, Appellant.
ORDER AFFIRMED AND APPEAL DISMISSED IN PART
Division IV
Opinion by JUDGE FURMAN Welling and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1771 Adams County District Court No. 18JV296 Honorable Katherine R. Delgado, Judge The People of the State of Colorado, Appellee, In the Interest of S.N.R.R., a Child, and Concerning R.M., Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE WELLING Furman and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-19- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1960 Arapahoe County District Court No. 17JV312 Honorable Natalie T. Chase, Judge
The People of the State of Colorado, Appellee, In the Interest of T.S., Jr., a Child, and Concerning T.S., Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE J. JONES
Welling and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1961 Yuma County District Court No. 19JA4 Honorable Michael K. Singer, Judge In re the Petition of S.M., Appellant, for the Adoption of M.M.M., a Child, and Concerning M.T.M., Appellee.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE ROTHENBERG* Bernard, C.J., and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-20- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA2031 Industrial Claim Appeals Office of the State of Colorado DD No. 41424-2019
Nathan J. Norslandter, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and State of Colorado, Respondents.
ORDER AFFIRMED
Division VI Opinion by JUDGE YUN
Richman and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA2106 Mesa County District Court No. 18JV50 Honorable Valerie J. Robison, Judge The People of the State of Colorado, Appellee, In the Interest of M.J. and A.J., Children, and Concerning M.A.S. and G.J.J., Appellants.
JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE WELLING J. Jones and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-21- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA2247 Jefferson County District Court No. 18JV781 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado, Appellee, In the Interest of C.C., a Child, and Concerning B.H-O., Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by CHIEF JUDGE BERNARD Casebolt* and Taubman*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA2284 El Paso County District Court No. 18JV1230 Honorable Robin Chittum, Judge The People of the State of Colorado, Appellee, In the Interest of O.P., a Child, and Concerning T.P., Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE CASEBOLT* Bernard, C.J., and Taubman*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-22- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA2363 Jefferson County District Court No. 18JV469 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado, Appellee, In the Interest of K.K., a Child, and Concerning M.K. and H.C., Appellants.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE TAUBMAN*
Bernard, C.J., and Casebolt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0133 Industrial Claim Appeals Office of the State of Colorado DD No. 55820-2019 Cynthia K. Markovitch, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Burlap Bag Company, Inc., Respondents.
ORDER AFFIRMED
Division V Opinion by JUDGE J. JONES
Welling and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-23- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 20CA0192 Industrial Claim Appeals Office of the State of Colorado DD No. 47579-2019
Kenneth P. Keller, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Murray & Stafford, Inc., Respondents.
ORDER AFFIRMED
Division III Opinion by JUDGE GROVE
Furman and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-24- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
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. 16CA1054
The People of the State of Colorado, Plaintiff-Appellee, v. Nathan D. Serna, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA2315 The People of the State of Colorado, Plaintiff-Appellee, v. Dean Carbajal, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-25- ANNOUNCEMENTS
Colorado Court of Appeals June 18, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA1702 Vernon E. Randel and Cheryl V. Randel,
Plaintiffs-Appellants, v. Parkland Homeowners Association, Inc., Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1101 The People of the State of Colorado, Plaintiff-Appellee, v. Edward Allen, a/k/a Edward Clutts, Defendant-Appellant.
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. 2019.