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-1-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
ANNOUNCEMENTS
COLORADO COURT OF APPEALS June 11, 2015
“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.
U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 11CA1627 Weld County District Court No. 10CR1378
Honorable Timothy G. Kerns, Judge
The People of the State of Colorado, Plaintiff-Appellee and Cross-Appellant,
v.
Christopher Thomas Neel,
Defendant-Appellant and Cross-Appellee.
JUDGMENT AFFIRMED
AND ORDER DISAPPROVED
Division VI Opinion by JUDGE FURMAN
Booras and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 11CA2573
City and County of Denver District Court No. 10CR4523 Honorable Anne M. Mansfield, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. David William Lucero,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE GABRIEL
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 11CA2603 Jefferson County District Court No. 08CR1307
Honorable Philip J. McNulty, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Allen Wayne Stewart, Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE ROMÁN
Miller and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 12CA0570
City and County of Denver District Court Nos. 10CR4942 & 11CR410 Honorable Martin F. Egelhoff, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Donte E. Colón,
Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCES VACATED, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE PLANK*
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1000
Prowers County District Court No. 10CR122 Honorable M. Jon Kolomitz, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Randy Leverne Garriss,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROTHENBERG* Dailey and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 12CA1763
Arapahoe County District Court No. 10CR1917 Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Anthony Jahmar Gillespie,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE GABRIEL
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA2309 Adams County District Court No. 93CR530
Honorable Thomas R. Ensor, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shelvy P. Reed, Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Furman and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-5-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 13CA0288
Weld County District Court No. 01CR149 Honorable Thomas J. Quammen, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Jeffrey Curtis Krips,
Defendant-Appellant.
ORDER AFFIRMED
Division V Opinion by JUDGE MILLER
Román and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1265 Jefferson County District Court No. 11CR1583
Honorable Christie B. Phillips, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Clark Hart, Defendant-Appellant.
ORDERS AFFIRMED
Division VI
Opinion by JUDGE BOORAS
Furman and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-6-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 13CA1761
Adams County District Court No. 11CR1307 Honorable Chris Melonakis, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Harley David Sharp,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE GABRIEL
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2054 City and County of Denver District Court No. 92CR2024
Honorable John E. Madden, IV, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
William Crumpton, Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
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ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 13CA2122
Arapahoe County District Court No. 05CR2087 Honorable Marilyn Leonard Antrim, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Zurikye Latifbay McGhee,
Defendant-Appellant.
ORDER AFFIRMED
Division VII Opinion by JUDGE PLANK*
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2127 Larimer County District Court No. 09CR1204
Honorable Stephen J. Schapanski, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
JJ Luis Alejandro, Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE TAUBMAN
Hawthorne and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-8-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 13CA2316
Adams County District Court Nos. 12CR2883 & 13CV30724 Honorable Robert S. Doyle, Judge
Honorable Patrick T. Murphy, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Sean Eric Maher, Defendant-Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE BERNARD
Casebolt and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0274
El Paso County District Court No. 13DR135 Honorable Theresa M. Cisneros, Judge
In re the Marriage of Carey Lee Krebs,
Appellant,
and
Roger Krebs,
Appellee.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE GABRIEL
Richman and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-9-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA0396
Douglas County District Court No. 12DR397 Honorable Michael J. Spear, Judge
In re the Marriage of
Catherine Julianne Mullins,
Appellant,
and
Francis Joseph Mullins,
Appellee.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII Opinion by JUDGE RICHMAN
Sternberg* and Ney*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0884 Larimer County District Court No. 13DR30073
Honorable C. Michelle Brinegar, Judge In re the Parental Responsibilities Concerning W.G.W. and A.E.W., Children,
and Concerning William Joseph Woodward,
Appellant,
and
Roshelle Lee Pundt,
Appellee.
JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division IV Opinion by JUDGE TERRY
Webb and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-10-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA1040
Larimer County District Court No. 11CR1591 Honorable Julie Kunce Field, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Kenneth W. West,
Defendant-Appellant.
ORDER AFFIRMED
Division II Opinion by JUDGE BERNARD
J. Jones and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1153 El Paso County District Court No. 13CV1010
Honorable William B. Bain, Judge Uyen Nguyen and Glamour Salon Ltd., a Colorado limited liability company,
Plaintiffs-Appellants,
v.
Huyen Dao Mong, d/b/a Glamour Salon, Defendant-Appellee.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE BERNARD
Casebolt and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-11-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA1157
City and County of Denver District Court No. 13CV30283 Honorable Herbert L. Stern, III, Judge
Dish Network, LLC, f/d/b/a Echostar Satellite LLC,
Plaintiff-Appellee,
v. Qiuhua Wu, a/k/a Qiu Hua Wu, a/k/a Oiuhua Wu, a/k/a Qiu H Wu, a/k/a
Wu Qiuhua, Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN Gabriel and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1221 Adams County District Court No. 11CR619 Honorable Jill-Ellyn Straus, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Misty Dawn Jolene Harris,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE HAWTHORNE Taubman and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-12-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA1267
City and County of Denver District Court No. 91CR2503 Honorable Elizabeth A. Starrs, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. James R. Dawson, Jr.,
Defendant-Appellant.
ORDER AFFIRMED
Division V Opinion by JUDGE DUNN
Román and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-13-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA1274
Weld County District Court No. 12CV841 Honorable Dinsmore Tuttle, Judge
Logic Servicing Company, Inc., a Colorado corporation,
Plaintiff-Appellant,
v. Tony Mears; James Cobb; Amanda Mercer; and Salvage Operating Systems,
Inc., a/k/a Salvage Option Systems, Inc., a Colorado corporation, Defendants-Appellees,
and Buoyancy Investment and Management, LLC,
Intervenor-Appellee,
v.
Why Sink, Inc., a/k/a Y-Sink, Inc., a Colorado corporation, Third-Party Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE RICHMAN
Gabriel and Plank*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-14-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA1286
Douglas County District Court No. 13CV294 Honorable Vincent R. White, Judge
Galen Amerson and Frances M. Scott,
Plaintiffs-Appellants,
v. American Mortgage Network, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE PLANK*
Gabriel and Richman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1502 Fremont County District Court No. 14CV97
Honorable Robert Freeman, Judge Jimmy Candelaria,
Plaintiff-Appellant,
v.
Rick Raemisch, Executive Director, Colorado Department of Corrections; Cynthia H. Coffman, Attorney General; and Mary Carlson, Director of Time Computation, Colorado Department of Corrections,
Defendants-Appellees.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE NEY*
Richman and Sternberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-15-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA2159
Larimer County District Court No. 12JV495 Honorable Carroll M. Brinegar, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of T.L. and A.L., Children, and Concerning M.L.,
Respondent-Appellant.
JUDGMENT VACATED AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE GRAHAM
Webb and Terry, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA2286
Logan County District Court No. 13JV27 Honorable Michael K. Singer, Judge
The People of the State of Colorado, Petitioner-Appellee,
In the Interest of V.F.S., a Child,
and Concerning D.R.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE ROTHENBERG* Dailey and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-16-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA2441
Mesa County District Court No. 13JV363 Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of M.M., J.M., and A.M., Children, and Concerning T.M.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division II Opinion by JUDGE ROTHENBERG* Bernard and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0086 Industrial Claim Appeals Office of the State of Colorado
WC No. 4-620-669-14 Kathleen Savidge,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; Air Wisconsin Airlines, Inc.; and Insurance Company of the State of Pennsylvania,
Respondents.
ORDER AFFIRMED
Division III
Opinion by CHIEF JUDGE LOEB Márquez* and Roy*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-17-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 15CA0212
Fremont County District Court No. 13JV152 Honorable David M. Thorson, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of K.C.M., a Child, and Concerning B.L.H.,
Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE TERRY
Webb and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0253 Industrial Claim Appeals Office of the State of Colorado
DD No. 21850-2014 Larry D. Massington,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado; and Wichita Water Conditioning, Inc., d/b/a Culligan of Denver,
Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE MÁRQUEZ* Loeb, C.J., and Roy*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-18-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 15CA0387
Industrial Claim Appeals Office of the State of Colorado DD No. 26134-2014
Willie A. Turner,
Petitioner,
v. Industrial Claim Appeals Office of the State of Colorado and Midwest Drywall
Company, Inc., Respondents.
ORDER AFFIRMED
Division III
Opinion by JUDGE ROY*
Loeb, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-19-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
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. 11CA0847
The People of the State of Colorado,
Plaintiff-Appellee,
v. Mark Walter Paulsen,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1477
The People of the State of Colorado,
Plaintiff-Appellee,
v. Joseph Phillip Diaz,
Defendant-Appellant.
Opinion Modified and Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-20-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 12CA2045
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Charles E. Trogdon, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2177
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven Douglas McCary, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
-21-
ANNOUNCEMENTS
Colorado Court of Appeals June 11, 2015
_______________ __________________________ __________ _______________
Court of Appeals No. 14CA0112
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn C. Watkins, Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0799
Crooked Stave Co Distributing Company, LLC, Plaintiff-Appellee,
v.
Elite Brands of Colorado, Inc.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
* Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2014.