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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)

-1- ANNOUNCEMENTS Colorado Court of Appeals June 11, 2015 · 2015. 6. 11. · ANNOUNCEMENTS Colorado Court of Appeals June 11, 2015 _____ _____ _____ _____ ANNOUNCEMENTS COLORADO

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Page 1: -1- ANNOUNCEMENTS Colorado Court of Appeals June 11, 2015 · 2015. 6. 11. · ANNOUNCEMENTS Colorado Court of Appeals June 11, 2015 _____ _____ _____ _____ ANNOUNCEMENTS COLORADO

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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)

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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.