PUBLISHED OPIONIONS
2016COA42
Court of Appeals No. 13CA0043
El Paso County District Court No. 11CR3705
Honorable Theresa M. Cisneros, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Mark David Manyik,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERGER
Richman and Dunn, JJ., concur
2016COA43
Court of Appeals No. 14CA1671
Mesa County District Court No. 13CV4227
Honorable Valerie J. Robison, Judge
David Harriman,
Plaintiff-Appellant,
v.
Cabela’s Inc., d/b/a Cabela’s,
Defendant-Appellee.
ORDER REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE BERNARD
Lichtenstein and Márquez*, JJ., concur
2016COA44
Court of Appeals No. 14CA2097
El Paso County District Court No. 07CV3451
Honorable Scott A. Sells, Judge
Alan Sidman and Sheryl Sidman,
Plaintiffs-Appellants,
v.
Michael Sidman and Renee Sidman,
Defendants-Appellees.
ORDER AFFIRMED
Division VI
Opinion by JUDGE TERRY
Navarro and Freyre, JJ., concur
2016COA45
Court of Appeals No. 14CA2178
City and County of Denver District Court No. 13CV33879
Honorable John W. Madden, IV, Judge
Rocky Mountain Gun Owners, a Colorado nonprofit corporation; National Association for Gun Rights, Inc., a Virginia nonprofit corporation; John A. Sternberg; and DV-S, LLC, a Colorado limited liability company, d/b/a Alpine Arms,
Plaintiffs-Appellants,
v.
John W. Hickenlooper, in his official capacity as Governor of the State of Colorado,
Defendant-Appellee.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Ashby, J., concurs
Graham, J., concurs in part and dissents in part
2016COA46
Court of Appeals No. 14CA2492
City and County of Denver District Court No. 13CV32572
Honorable Robert L. McGahey, Jr., Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Stephen Wunder,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERGER
Richman and Dunn, JJ., concur
UNPUBLISHED OPINIONS
Court of Appeals No. 09CA1627
Adams County District Court No. 08CR1548
Honorable Francis C. Wasserman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Levent Ray Kutlak,
Defendant-Appellant.
JUDGMENT AFFIRMED, ORDER VACATED,
AND CASE REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE GRAHAM
Furman and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0704
Arapahoe County District Court No. 10CR487
Honorable Michael J. Spear, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Charles MacNeill,
Defendant-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE RICHMAN
Dunn and Berger, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA1769
Jefferson County District Court No. 10CR2586
Honorable Lily W. Oeffler, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Randal Edward Arnold,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE FURMAN
Bernard and Rothenberg*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0119
El Paso County District Court No. 11CR3698
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Lewis,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE ASHBY
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0226
El Paso County District Court No. 11CR2425
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jaime Armand Montez-Hernandez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE HAWTHORNE
Román and Márquez*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0549
El Paso County District Court No. 12CR632
Honorable David L. Shakes, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Carlos Figueroa,
Defendant-Appellant.
JUDGMENT VACATED AND CASE
REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE DAILEY
Graham and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0822
City and County of Denver District Court No. 10CR1863
Honorable Kenneth M. Laff, Judge
Honorable Brian Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy Scott Parks,
Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE HARRIS
Hawthorne and Román, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0823
City and County of Denver District Court No. 11CR4954
Honorable Catherine A. Lemon, Judge
Honorable Brian Whitney, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Kenneth A. Martinez,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Dunn and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0884
Adams County District Court No. 89CR563
Honorable Katherine R. Delgado, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Lawrence M. Kubacki,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE MILLER
Taubman and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1436
Mesa County District Court No. 11CR816
Honorable Thomas M. Deister, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christian Fuentes,
Defendant-Appellant.
SENTENCE AFFIRMED
Division II
Opinion by JUDGE GRAHAM
Dailey and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA1912
City and County of Denver District Court No. 12CR2351
Honorable Morris B. Hoffman, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Zachary S. Bowman,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN
Dunn and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2156
Mesa County District Court No. 13CR90
Honorable David A. Bottger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Weston Dale Richardson,
Defendant-Appellant.
SENTENCE AFFIRMED AND APPEAL
DISMISSED IN PART
Division II
Opinion by JUDGE ASHBY
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2193
Pueblo County District Court No. 11CR868
Honorable Thomas B. Flesher, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher John Padilla,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE DUNN
Richman and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA2237
Mesa County District Court No. 11CR870
Honorable David A. Bottger, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Nicholas D. Clair,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE WEBB
J. Jones and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0016
Jefferson County District Court No. 13CR1082
Honorable Christopher C. Zenisek, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jesus Lerma,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE LICHTENSTEIN
Furman and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0655
City and County of Denver District Court No. 04CR2792
Honorable A. Bruce Jones, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Anthony M. Oquendo,
Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE DAILEY
Graham and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA0703
El Paso County District Court No. 13CR1156
Honorable Thomas K. Kane, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Thomas Van Story,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE DUNN
Richman and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1031
Boulder County District Court No. 13CR650
Honorable Andrew Macdonald, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
George Tiba,
Defendant-Appellant.
JUDGMENTS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE FREYRE
Navarro and Nieto*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1438
El Paso County District Court No. 04CR5098
Honorable William B. Bain, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Jerry Gerard Ciarcia,
Defendant-Appellant.
ORDER AFFIRMED AND CASE
REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE HAWTHORNE
Román and Harris JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1450
Adams County District Court No. 13CR2847
Honorable Jeffrey L. Romeo, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Tyler William Hicks,
Defendant-Appellant.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE FURMAN
Bernard and Lichtenstein, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1859
Arapahoe County District Court No. 14CR278
Honorable James F. Macrum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Shawn R. Canfield,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE CASEBOLT*
Richman and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1901
Mesa County District Court No. 07CR1621
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Steven A. Valles,
Defendant-Appellant.
ORDER AFFIRMED
Division VII
Opinion by JUDGE VOGT*
Richman and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA1989
Arapahoe County District Court No. 14CV31494
Honorable Charles M. Pratt, Judge
U.S. Retail Partners, LLC, a Delaware limited liability company,
Plaintiff-Appellant,
v.
Anthony’s Pizza & Pasta International, Inc., a Colorado corporation,
Defendant-Appellee,
and
Maudron Specialties, LLC, a Colorado limited liability company,
Defendant.
ORDER AFFIRMED
Division VI
Opinion by JUDGE FREYRE
Terry and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 14CA2110
Pitkin County District Court No. 10CV118
Honorable Gail H. Nichols, Judge
Downtown Aspen Investments, LLC,
Plaintiff-Appellant,
v.
Aspen Legacy Holdings, LLC,
Defendant-Appellee,
and
ALH’s Loan Attorney,
Intervenor.
ORDER VACATED AND CASE
REMANDED WITH DIRECTIONS
Division V
Opinion by JUDGE FURMAN
Bernard and Kapelke*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0038
El Paso County District Court No. 10CR3860
Honorable Gregory R. Werner, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Everett Michael Harrington,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE J. JONES
Webb and Booras, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0105
Jefferson County District Court No. 13CR1037
Honorable Dennis Hall, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Briant K. Cummings,
Defendant-Appellant.
ORDER AFFIRMED
Division I
Opinion by JUDGE FOX
Taubman and Miller, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals Nos. 15CA0190 & 15CA0331
City and County of Denver District Court No. 14CV30948
Honorable Robert L. McGahey, Jr., Judge
Advanced Circuits, Inc., a Colorado corporation,
Plaintiff-Appellee and Cross-Appellant,
v.
United States Welding, Inc., a Colorado corporation,
Defendant-Appellant and Cross-Appellee,
and
Buckeye Welding Supply Company, Inc., a Colorado corporation,
Third-Party Defendant-Appellee.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE PLANK*
Furman and Bernard, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0407
City and County of Denver Probate Court No. 94PR2235
Honorable Elizabeth D. Leith, Judge
In re the Estate of Harold Johnson, deceased.
Paul Menzies,
Petitioner-Appellant,
v.
Dolores C. Dalton,
Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE VOGT*
Richman and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0492
Larimer County District Court No. 13CV30999
Honorable Devin R. Odell, Judge
Debra Sharane,
Plaintiff-Appellant,
v.
Cindy Sharane,
Defendant-Appellee.
APPEAL DISMISSED IN PART
AND JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE RICHMAN
Dunn and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0524
Adams County District Court No. 13CV32630
Honorable Mark D. Warner, Judge
Barry Stolbof,
Plaintiff-Appellee,
v.
C-Ball Ventures LLC, d/b/a Dealers Auto Auction of the Rockies, LLC,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division II
Opinion by JUDGE ASHBY
Dailey and Graham, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0548
Pueblo County District Court No. 03CR114
Honorable William D. Alexander, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Christopher Haines,
Defendant-Appellant.
ORDERS AFFIRMED IN PART, REVERSED IN PART,
AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE GRAHAM
Dailey and Ashby, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0685
El Paso County District Court Nos. 13CR198 & 13CR382
Honorable David A. Gilbert, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Timothy P. Hawkins,
Defendant-Appellant.
ORDER AFFIRMED
Division III
Opinion by JUDGE BOORAS
Webb and J. Jones, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA1523
Industrial Claim Appeals Office of the State of Colorado
DD No. 8835-2015
Amber S. Collins,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Colorado Neurology Center,
Respondents.
ORDER AFFIRMED
Division I
Opinion by CHIEF JUDGE LOEB
Márquez* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA1947
Mesa County District Court No. 14JV292
Honorable David R. Lass, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of O.D.B.S., a Child, and Concerning E.B. and A.S.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE TERRY
Navarro and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA2040
Mesa County District Court No. 14JV273
Honorable Valerie J. Robison, Judge
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of G.A. and G.M.A., Children, and Concerning G.M.M. and M.A.,
Respondents-Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NAVARRO
Terry and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA2127
Industrial Claim Appeals Office of the State of Colorado
DD No. 18848-2015
Theresa E. Beal,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Faison Office Products,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE VOGT*
Loeb, C.J., and Márquez, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
PETITIONS FOR REHEARING
Court of Appeals No. 10CA0788
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Derrick Demetrus Wilson,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 12CA0066
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Terrance Wilder,
Defendant-Appellant.
Petition for Rehearing DENIED
Court of Appeals No. 12CA1584
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Richard Allen Joines,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 13CA0789
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Brandon Alexander Rankins,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
2016COA13M
Court of Appeals No. 13CA1727
The People of the State of Colorado,
Plaintiff-Appellee,
v.
Man Hao Luong,
Defendant-Appellant.
Opinion Modified and
Petition for Rehearing DENIED
Court of Appeals No. 14CA0324
James E. Bates and James Edward Bates, LLC,
Plaintiffs,
v.
Joseph P. Fonfara, Esq.,
Defendant-Appellee,
and
Robert S. McCormick, Esq.,
Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA0357
Carl Allen Nakagawa,
Plaintiff-Appellant,
v.
People of the State of Colorado,
Defendant-Appellee.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(f)
Court of Appeals No. 15CA1165
Youngquist Brothers Oil & Gas, Inc.,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Travis Miner,
Respondents.
Petition for Rehearing DENIED
MODIFIED OPINIONS
2016COA30M
Court of Appeals No. 15CA0060
El Paso County District Court No. 14CV30936 Honorable G. David Miller, Judge
GEICO Casualty Company,
Plaintiff-Appellee,
v.
Ryan D. Collins,
Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE NAVARRO
Terry and Freyre, JJ., concur
Opinion Modified
On the Court’s Own Motion
Announced February 25, 2016
*Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2015.
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