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ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
ANNOUNCEMENTS
COLORADO COURT OF APPEALS April 23, 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
2020COA71 Court of Appeals No. 17CA0026 Jefferson County District Court No. 15CR701
Honorable Margie L. Enquist, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Cravaughn Lacrae Maloy,
Defendant-Appellant.
JUDGMENT AND SENTENCE
AFFIRMED IN PART AND VACATED IN PART
Division V Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
-2-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
2020COA72
Court of Appeals No. 17CA2267 Boulder County District Court No. 15CR1874
Honorable Maria E. Berkenkotter, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jonathan D. Roddy, Defendant-Appellant.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TERRY Yun, J., concurs
Tow, J., specially concurs
2020COA73
Court of Appeals No. 19CA0191 Adams County District Court No. 16CV31107 Honorable Edward C. Moss, Judge
Aurora Public School District, a school district in the State of Colorado,
Petitioner-Appellant,
v. Stapleton Gateway LLC, a Colorado limited liability company,
Respondent-Appellee.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE FREYRE
Richman and Grove, JJ., concur
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ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 16CA1396
Arapahoe County District Court No. 14CR1003 Honorable Patricia D. Herron, Judge
The People of the State of Colorado,
Plaintiff-Appellee, v.
Maung Yae Chan,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE HARRIS J. Jones and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1581 City and County of Denver District Court No. 15CR236 Honorable Ann Frick, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Diego B. Gonzales,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE FURMAN
Welling and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-4-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA0707
Boulder County District Court No. 15CR128 Honorable Norma A. Sierra, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Rachael Heather Verner,
Defendant-Appellant.
ORDER VACATED AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE HARRIS
J. Jones and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0974
Kit Carson County District Court No. 16CR38 Honorable Kevin L. Hoyer, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Dylan Ryan Eason,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY Navarro and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-5-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA1394
City and County of Denver District Court No. 15CR131 Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Jamaal M. Edwards,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE LIPINSKY Fox and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0008 Weld County District Court No. 11CR1017
Honorable Thomas J. Quammen, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jacob Vigil, 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)
-6-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA0148
El Paso County District Court No. 17CR300 Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Corrieann Gillen,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE NAVARRO Dailey and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1303 Larimer County District Court No. 17CR1351
Honorable Devin R. Odell, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Gary Lee Bremmer, Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE DUNN
Román and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-7-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA1582
City and County of Denver District Court No. 09CR39 Honorable Ann Frick, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Quinn Guytan,
Defendant-Appellant.
ORDERS AFFIRMED
Division VII Opinion by JUDGE BERGER Fox and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2061 Teller County District Court No. 09CR108
Honorable Linda Billings Vela, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth J. Cox, Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE DUNN
Johnson and Martinez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-8-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA2187
Larimer County District Court No. 17CR1523 Honorable Stephen E. Howard, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Andrew Arthur Michel,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE GOMEZ
Navarro, J., concurs Dailey, J., concurs in part and dissents in part
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-9-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA2373
Office of the Secretary of State, Elections Division Case No. ED201821
Michael Day,
Petitioner-Appellant,
v. Chase for Colorado,
Respondent,
and
Colorado Secretary of State, Elections Division, Respondent-Appellee,
APPEAL DISMISSED
Division IV
Opinion by JUDGE PAWAR
Furman and Welling, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-10-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA2450
El Paso County District Court Nos. 11CR558 & 11CR1506 Honorable Larry E. Schwartz, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Brandon Alexander Rankin, a/k/a Brandon Alexander Rankins,
Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIIRECTIONS
Division II
Opinion by JUDGE CASEBOLT*
Bernard, C.J., and Rothenberg*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2476
Elbert County District Court No. 18CV30041 Honorable Gary M. Kramer, Judge
Thomas Neilsen, Plaintiff-Appellant,
v.
George H. Brauchler, District Attorney, Eighteenth Judicial District; Brian Sugioka, Senior Deputy District Attorney; and Douglas Bechtel, Senior Deputy
District Attorney,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE NAVARRO
Dailey and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-11-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA093
San Miguel County District Court No. 17CV30030 Honorable Mary E. Deganhart, Judge
Levi Silva,
Plaintiff-Appellant,
v. Accommodations in Mountain Village, Inc., d/b/a Telluride Rentals; and
Christina Casas, in her individual capacity, Defendants-Appellees.
ORDER REVERSED
Division I
Opinion by JUDGE GOMEZ
Dailey and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-12-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0123
City and County of Denver District Court No. 18DR30212 Honorable Andrew P. McCallin, Judge
In re the Marriage of
Jon Lynn Kinning,
Appellee, and
Aimee Susanne Kinning,
Appellant.
JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS
Division VI Opinion by JUDGE FREYRE
Richman and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0236 City and County of Denver District Court No. 14CR3123
Honorable Karen L. Brody, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Donald Ray Shores,
Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE GRAHAM*
Richman and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-13-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0246
Arapahoe County District Court No. 16DR30609 Honorable Cheryl L. Post, Judge
In re the Marriage of
Wanda Castelo,
Appellee, and
Al Castelo,
Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY Navarro and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0297 Adams County District Court No. 18CV30981 Honorable Edward C. Moss, Judge
Leon Malloy,
Plaintiff-Appellant,
v. Walmart, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE NAVARRO Dailey and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-14-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0494
Garfield County District Court No. 18DR30028 Honorable Denise K. Lynch, Judge
In re the Marriage of
Valerie Merwick Nau,
Appellant, and
Ryan Christopher Nau,
Appellee.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY Navarro and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0598 Chaffee County District Court No. 18CV37 Honorable Patrick W. Murphy, Judge
Craig S. Robledo-Valdez,
Plaintiff-Appellant,
v. Executive Director of the Colorado Department of Corrections, and Warden of
Buena Vista Correctional Facility,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE DAILEY
Navarro and Taubman*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-15-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0929
Arapahoe County District Court No. 17DR30856 Honorable Charles M. Pratt, Judge
In re the Marriage of
Judith Errin Zundel,
Appellant and Cross-Appellee, and
Scott Omer Sherman,
Appellee and Cross-Appellant.
ORDER AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division I Opinion by JUDGE GRAHAM*
Bernard, C.J., and Davidson*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1204 Mesa County District Court No. 88CR306
Honorable Brian J. Flynn, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
George Lee Miller,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE JOHNSON
Román and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-16-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1256
Weld County District Court No. 08CR2379 Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Trinidad A. Ramos,
Defendant-Appellant.
ORDER AFFIRMED
Division VI Opinion by JUDGE GROVE
Richman and Graham*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1716 Weld County District Court No. 17JV633
Honorable Ryan L. Kamada, Judge The People of the State of Colorado,
Appellee,
In the Interest of S.M. and H.M., Minor Children,
and Concerning M.N. and M.M., Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE TERRY
Tow and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-17-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA1800
City and County of Denver Juvenile Court No. 18JV728 Honorable Donna J. Schmalberger, Judge
The People of the State of Colorado,
Appellee,
In the Interest of M.V.G.-A. and A.D.A., Children, and Concerning M.V.A.,
Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE FOX
Berger and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1906 El Paso County District Court No. 18JV892
Honorable Robin Chittum, Judge The People of the State of Colorado,
Appellee,
In the Interest of L.A., a Child,
and Concerning T.A., Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE NAVARRO
Dailey and Taubman*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-18-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 20CA0072
Industrial Claim Appeals Office of the State of Colorado DD No. 55159-2019
Frederick Wolf,
Petitioner,
v. Industrial Claim Appeals Office of the State of Colorado and Summit County
Government, Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN*
Dailey and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0400
Pueblo County District Court No. 20MH21 Honorable Allison P. Ernst, Judge
The People of the State of Colorado, Petitioner-Appellee,
In the Interest of Damian James Lorrell Lacey,
Respondent-Appellant.
ORDER AFFIRMED
Division VI Opinion by JUDGE FREYRE
Richman and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-19-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 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. 16CA0348
The People of the State of Colorado,
Plaintiff-Appellee,
v. Mark A. Strepka,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1253
The People of the State of Colorado,
Plaintiff-Appellee,
v. Devon Grant-Washington,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-20-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 17CA1503
Park Forest Care Center, Inc., a Colorado corporation,
Plaintiff-Appellee,
v.
City of Westminster, Colorado, a municipal corporation; and Tammy Hitchens, in her official capacity as Finance Director of the City of Westminster, Colorado,
Defendants-Appellants.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0208
The People of the State of Colorado,
Plaintiff-Appellee,
v. Michael Stuart Schreiber,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-21-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA2084
Better Baked, LLC, a Colorado limited liability company,
Plaintiff-Appellant,
v.
GJG Property, LLC, a Colorado limited liability company; Peak Holdings Group, LLC, a Colorado limited liability company; and Dorenka LLC, a New York limited liability company,
Defendants-Appellees.
Petition for Rehearing DENIED
Court of Appeals No. 18CA2195
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Michael Allen Kravitz, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-22-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 18CA2199
James Butler and Johanna Butler,
Plaintiffs-Appellants,
v.
H2 Properties, Inc., Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0321
Michael Dunafon,
Plaintiff-Appellee,
v.
April Jones, in her official capacity as member of the Independent Ethics Commission; Jo Ann Sorensen, in her official capacity as member of the Independent Ethics Commission; William Leone, in his official capacity as
member of the Independent Ethics Commission; Matt Smith, in his official capacity as member of the Independent Ethics Commission; and Independent Ethics Commission,
Defendants-Appellants.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-23-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
Court of Appeals No. 19CA0731
In re the Marriage of
Matthew Ross Gauthier,
Appellant,
and Rachel Edith Taylor-Saghie,
Respondent,
and Concerning La Plata County Department of Human Services,
Intervenor-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-24-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
M O D I F I E D O P I N I O N S
Court of Appeals No. 17CA1611
Fremont County District Court No. 15CR479 Honorable Ramsey L. Lama, Judge
The People of the State of Colorado,
Plaintiff-Appellee, v.
Devlin Lee Palaza,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
Opinion Modified
On the Court’s Own Motion
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-25-
ANNOUNCEMENTS Colorado Court of Appeals
April 23, 2020
_______________ __________________________ __________ _______________
2020COA27M2
Court of Appeals No. 18CA2345 Larimer County District Court No. 17CV30480
Honorable Gregory M. Lammons, Judge Patricia Stanczyk and Poudre Education Association,
Plaintiffs-Appellants,
v.
Poudre School District R-1 and Poudre School District R-1 Board of Education, Defendants-Appellees.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LIPINSKY Webb and Dunn, JJ., concur
Opinion Modified
On the Court’s Own Motion
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2019.