-1- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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ANNOUNCEMENTS
COLORADO COURT OF APPEALS September 23, 2021
“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
2021COA124 Court of Appeals No. 19CA1196
Lake County District Court No. 13CR52 Honorable Catherine J. Cheroutes, Judge
The People of the State of Colorado,
Plaintiff-Appellee, v.
Delano Marco Medina,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE JOHNSON Furman and Graham*, JJ., concur
-2- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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2021COA125
Court of Appeals No. 20CA0950 City and County of Denver District Court No. 19CV32507 Honorable Christopher J. Baumann, Judge
Johnson Nathan Strohe, P.C., f/k/a JG Johnson Architects,
Plaintiff-Appellant,
v. MEP Engineering, Inc.,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART,
ORDER REVERSED, AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE BERGER Richman and Welling, JJ., concur
-3- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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U N P U B L I S H E D O P I N I O N S
Court of Appeals No. 18CA0780 Mesa County District Court No. 17CR287
Honorable Brian J. Flynn, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Michael Anthony DuPont,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III Opinion by JUDGE FURMAN
Lipinsky and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2270
Weld County District Court No. 17CR1462 Honorable Shannon D. Lyons, Judge
The People of the State of Colorado, Plaintiff-Appellee,
v.
Guadalupe Baldivia,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division V Opinion by JUDGE J. JONES
Grove and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-4- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 18CA2468
El Paso County District Court No. 17CR6932 Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee, v.
James Parker,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE WELLING Fox and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0528 El Paso County District Court No. 10CR2483 Honorable Marla Prudek, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Tnias Dmitri Pike,
Defendant-Appellant.
ORDER AFFIRMED
Division I Opinion by JUDGE VOGT*
Dailey and Kuhn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-5- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 19CA0817
Lake County District Court No. 18JD14 Honorable Catherine J. Cheroutes, Judge
The People of the State of Colorado,
Petitioner-Appellee, In the Interest of G.V.,
Juvenile-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE GROVE
Navarro and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1970 Weld County District Court No. 10CR2120
Honorable Thomas J. Quammen, Judge The People of the State of Colorado,
Plaintiff-Appellee,
v.
Scott David Walker, Defendant-Appellant.
ORDER AFFIRMED
Division VI
Opinion by CHIEF JUDGE BERNARD
Welling and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-6- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 19CA2373
City and County of Broomfield District Court No. 19CV13 Honorable Robert W. Kiesnowski, Jr., Judge
Jeff Estes, Special Conservator for Damian Nuckles,
Plaintiff-Appellant, v.
A&S Towing, LLC,
Defendant-Appellee.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE GROVE Navarro and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0073 Adams County District Court No. 19CR1551 Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Matthew Scott Nagel,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE PAWAR
Navarro and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-7- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA0108
Arapahoe County District Court No. 15CV31745 Honorable Charles M. Pratt, Judge
Lana Gallus,
Plaintiff-Appellant, v.
Conoco/Phillips Company; George G. Vaught, Jr.; and Paul L. McCullis,
Defendants-Appellees.
APPEAL DISMISSED
Division VI
Opinion by JUDGE FOX Welling and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0355 Adams County District Court No. 19CR1046 Honorable Mark D. Warner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Scott David Richendifer,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE LIPINSKY
Furman and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-8- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA0387
City and County of Denver District Court No. 86CR1039 Honorable Karen L. Brody, Judge
The People of the State of Colorado,
Plaintiff-Appellee, v.
Nelson L. Stubblefield,
Defendant-Appellant.
ORDERS AFFIRMED
Division II
Opinion by JUDGE YUN Román and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0396 Chaffee County District Court No. 18CV11 Honorable Patrick W. Murphy, Judge
Craig Robledo-Valdez,
Plaintiff-Appellant,
v. Colorado Department of Corrections,
Defendant-Appellee.
APPEAL DISMISSED
Division III Opinion by JUDGE BROWN
Furman and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-9- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA0438
Rio Grande County District Court No. 17CV30033 Honorable Amanda C. Hopkins, Judge
Corin Romero,
Plaintiff-Appellant, v.
Monte Vista School District No. C-8,
Defendant-Appellee.
JUDGMENT AND ORDER AFFIRMED
Division I
Opinion by JUDGE YUN Dailey and Graham*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 20CA0679 Mesa County District Court No. 18CR902 Honorable Matthew D. Barrett, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v. Marshall James Stephens,
Defendant-Appellant.
ORDER AFFIRMED
Division III Opinion by JUDGE BROWN
Furman and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-10- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA0723
Board of Assessment Appeals Nos. 75789 and 75790 Lance Wood,
Petitioner-Appellant,
v.
Grand County Board of Equalization, Respondent-Appellee,
and
Board of Assessment Appeals,
Appellee.
ORDERS REVERSED AND CASE REMANDED WITH DIRECTIONS
Division V Opinion by JUDGE GOMEZ
Richman and Harris, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-11- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA0971
Mesa County District Court No. 19CV30280 Honorable Valerie J. Robison, Judge
Rick Warren; Jan Warren; June Colosimo; John Colosimo; Tom Pederson; Monica Pederson; Gene Admire; Diann Admire; Paul Ewing; Korene Ewing; and
Donna Marie, Plaintiffs-Appellees,
v.
The City of Grand Junction, Colorado; GJ Ute LLC; and 26 Road LLC,
Defendants-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE WELLING Bernard, C.J., and Johnson, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-12- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA1055
City and County of Denver District Court No. 19CV31378 Honorable Robert L. McGahey, Judge
Albert Monson,
Plaintiff-Appellee, v.
Edge Properties, Inc., a Colorado corporation, d/b/a Edge Property Management,
Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE PAWAR Navarro and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-13- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA1320
El Paso County District Court No. 19DR31189 Honorable Francis R. Johnson, Judge
In re the Marriage of
Christina Marie Davis, Appellant,
and
Lamont Louis Davis, II,
Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII Opinion by JUDGE NAVARRO Grove and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-14- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA1352
Weld County District Court No. 19CV31017 Honorable Shannon D. Lyons, Judge
Kevin Schlegel,
Plaintiff-Appellant, v.
Elizabeth Winberry,
Defendant-Appellee.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division IV Opinion by JUDGE FREYRE
J. Jones and Tow, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-15- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA1428
City and County of Denver District Court No. 14CV31778 Honorable Christopher J. Baumann, Judge
Cary A. Smith,
Plaintiff-Appellee, v.
Rocky Mountain Planned Parenthood, Inc., a nonprofit corporation, d/b/a Planned Parenthood of The Rocky Mountains, Inc.,
Defendant-Appellee,
and
Timothy D. Smith,
Appellant.
APPEAL DISMISSED
Division II
Opinion by JUDGE ROMÁN
Berger and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-16- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 20CA1919
City and County of Denver District Court No. 14DR2270 Honorable Jill D. Dorancy, Judge
In re the Marriage of
Kristin Morales, Appellant,
and
Jeremy Tabangay,
Appellee.
APPEAL DISMISSED IN PART
AND ORDER AFFIRMED
Division III Opinion by JUDGE BROWN
Furman and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 21CA0032 Jefferson County District Court No. 20JV324 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado,
Appellee,
In the Interest of S.B-H., a Child,
and Concerning H.B., Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE J. JONES
Freyre and Tow, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-17- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 21CA0065
Fremont County District Court No. 18JV89 Honorable Ramsey Lama, Judge
The People of the State of Colorado,
Appellee, In the Interest of A.C-H. and Z.H., Children,
and Concerning M.H. and C.H.,
Appellants.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE ROMÁN Berger and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 21CA0141 Jefferson County District Court No. 18JV844 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado,
Appellee,
In the Interest of L.G., a Child, and Concerning M.G.,
Appellant.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE FOX
Welling and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-18- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 21CA0340
Jefferson County District Court No. 20JV17 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado,
Appellee, In the Interest of F.W., a Child,
and Concerning J.W.,
Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE RICHMAN Harris and Gomez, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 21CA0403 Adams County District Court No. 19JV353 Honorable Patrick H. Pugh, Judge
The People of the State of Colorado,
Appellee,
In the Interest of K.L., a Child, and Concerning R.L.,
Appellant.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE DAVIDSON*
Bernard, C.J., and Graham*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-19- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 21CA0470
Mesa County District Court No. 19JV241 Honorable Lance P. Timbreza, Judge
The People of the State of Colorado,
Appellee, In the Interest of Z.L.B., a Child,
and Concerning S.B.S.T.,
Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE WELLING Fox and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 21CA0492 El Paso County District Court No. 19JV22 Honorable Robin Chittum, Judge
People of the State of Colorado,
Appellee,
In the Interest of L.G.-G., a Child, and Concerning K.G.,
Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE GOMEZ
Richman and Harris, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-20- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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Court of Appeals No. 21CA0558
El Paso County District Court No. 19JV311 Honorable Jessica L. Curtis, Judge
The People of the State of Colorado,
Appellee, In the Interest of D.B., a Child,
and Concerning A.G.,
Appellant.
JUDGMENT AFFIRMED
Division I
Opinion by JUDGE GRAHAM* Bernard, C.J., and Davidson*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
-21- ANNOUNCEMENTS
Colorado Court of Appeals
September 23, 2021
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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. 18CA1474
The People of the State of Colorado,
Plaintiff-Appellee, v.
Kevin James Romero,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA2385
Benjamin John Romero,
Plaintiff-Appellant, v.
Dean Williams, Executive Director of the Colorado Department of Corrections, and Jeff Long, Warden, Sterling Correctional Facility,
Defendants-Appellees.
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. 2020.