-1- ANNOUNCEMENTS Colorado Court of Appeals April 9, 2020 _______________ __________________________ __________ _______________ ANNOUNCEMENTS COLORADO COURT OF APPEALS April 9, 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 2020COA61 Court of Appeals No. 15CA0126 Larimer County District Court No. 13CR1903 Honorable Daniel J. Kaup, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Brooke E. Rojas, Defendant-Appellant. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE RICHMAN Graham, J.*, concurs Furman, J., dissents
ANNOUNCEMENTS COLORADO COURT OF APPEALS April 9, 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
2020COA61 Court of Appeals No. 15CA0126 Larimer County District Court No. 13CR1903 Honorable Daniel J. Kaup, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Brooke E. Rojas, Defendant-Appellant.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE RICHMAN Graham, J.*, concurs Furman, J., dissents
2020COA62 Court of Appeals No. 16CA0244 Larimer County District Court No. 14CR1760 Honorable Stephen J. Schapanksi, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Jose Ornelas-Licano, Defendant-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VI
Opinion by JUDGE WELLING Martinez*, J., concurs
Berger, J., concurs in part and dissents in part
2020COA63 Court of Appeals No. 16CA1109 El Paso County District Court No. 14CR5536 Honorable Richard V. Hall, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Alberto Gil Espinosa, Defendant-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
2020COA64 Court of Appeals Nos. 16CA2157, 17CA2242, 18CA0346 & 18CA1094 City and County of Denver Probate Court No. 12PR1772 Honorable Elizabeth D. Leith, Judge
In the Matter of Joanne Black, Protected Person, Appellee, and Guardian Ad Litem for Joanne Black, v. Bernard Steven Black, individually and as Trustee for the Supplemental Needs Trust for the Benefit of Joanne Black, and Samuel Black, as Co-Trustee for the Supplemental Needs Trust for the Benefit of Joanne Black, Appellants.
ORDERS AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE LIPINSKY Fox and Berger, JJ., concur
2020COA65 Court of Appeals No. 17CA1096 Douglas County District Court No. 15CR542 Honorable David J. Stevens, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Marquis DeShawn McDonald, Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE WELLING
Terry, J., concurs Berger, J., concurs in part and dissents in part
2020COA66 Court of Appeals No. 19CA0806 Weld County District Court No. 18JA31 Honorable Ryan L. Kamada, Judge In re the Petition of M.G., Appellee, for the Adoption of J.D., a Child, and Concerning C.D., Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FURMAN Welling and Pawar, JJ., concur
2020COA67 Court of Appeals No. 19CA1671 City and County of Denver District Court No. 19CV287 Honorable Christopher J. Baumann, Judge
BlueMountain Credit Alternatives Master Fund L.P., BlueMountain Foinaven Master Fund L.P., BlueMountain Fursan Fund L.P., BlueMountain Guadalupe Peak Fund L.P., BlueMountain Kicking Horse Fund L.P., BlueMountain Logan Opportunities Master Fund L.P., BlueMountain Montenver Master Fund SCA SICA V-SIF, BlueMountain Summit Trading L.P., GKC Strategic Value Master Fund LP, and GKC SV SMA I, LLC: In re Appraisal of Regal Entertainment Group, Petitioners-Appellants, v. Regal Entertainment Group, Anschutz Corporation, and Philip F. Anschutz, Respondents-Appellees.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division A
Opinion by CHIEF JUDGE BERNARD Martinez* and Davidson*, JJ., concur
U N P U B L I S H E D O P I N I O N S Court of Appeals No. 16CA1054 City and County of Denver District Court No. 14CR6029
Honorable Ann Frick, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Nathan D. Serna, Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE FURMAN Pawar and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1874 Larimer County District Court No. 15CR1396 Honorable Daniel J. Kaup, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Edward Allen McGrath, Defendant-Appellant.
Court of Appeals No. 17CA0037 Arapahoe County District Court No. 13CR2734 Honorable Natalie T. Chase, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Christopher Allen Williams, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division IV
Opinion by JUDGE WELLING Furman and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0217 Logan County District Court No. 15CR228 Honorable Charles M. Hobbs, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Joshua Shawn Unrein, Defendant-Appellant.
Court of Appeals No. 17CA0298 Jefferson County District Court No. 05CR978 Honorable Margie L. Enquist, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Charles N. Slater, Defendant-Appellant.
ORDER AFFIRMED
Division III Opinion by JUDGE ROMÁN
Johnson and Graham*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0329 Arapahoe County District Court No. 16JD153 Honorable Phillip L. Douglass, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of J.L.D., Juvenile-Appellant.
Court of Appeals No. 17CA0442 Arapahoe County District Court No. 15CR3000 Honorable Elizabeth Weishaupl, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Joshua Robert Baldwin, Defendant-Appellant.
JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE GRAHAM* Román and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0536 Eagle County District Court No. 15CR162 Honorable Paul R. Dunkelman, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Devan L. Jones, Defendant-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Court of Appeals No. 17CA0902 El Paso County District Court No. 03CR695 Honorable Deborah J. Grohs, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Scott W. Walk, Defendant-Appellant.
ORDER AFFIRMED
Division II Opinion by JUDGE DAILEY
Pawar and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0963 City and County of Denver District Court No. 15CR6350 Honorable Kandace C. Gerdes, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Luis Galeano-Bedon, Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS
Court of Appeals No. 17CA1611 Fremont County District Court No. 15CR479 Honorable Ramsey 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
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA2201 Douglas County District Court No. 15CR862 Honorable Paul A. King, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Jonathon David Zug, Defendant-Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division I
Opinion by JUDGE NAVARRO Dailey and Gomez, JJ., concur
Court of Appeals No. 17CA2315 Delta County District Court No. 99CR96 Honorable Steven L. Schultz, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Dean Carbajal, Defendant-Appellant.
ORDERS AFFIRMED
Division III Opinion by JUDGE ROMÁN
Dunn and Casebolt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0287 Weld County District Court No. 11CR510 Honorable Shannon D. Lyons, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Adrian Parra-Hernandez, Defendant-Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
Court of Appeals No. 18CA0295 City and County of Denver District Court No. 16CR4995 Honorable Morris B. Hoffman, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Darius E. Ratcliff, Defendant-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. 18CA0583 Adams County District Court No. 03CR1854 Honorable Robert W. Kiesnowski, Jr., Judge The People of the State of Colorado, Plaintiff-Appellee, v. Gerald Kenneth Jorgensen, Defendant-Appellant.
Court of Appeals No. 18CA0672 Douglas County District Court No. 14CR503 Honorable David J. Stevens, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Robert Lyle Wagner, Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI Opinion by JUDGE FREYRE
Richman and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0983 City and County of Denver District Court No. 08CR2923 Honorable Shelley I. Gilman, Judge The People of the State of Colorado, Plaintiff-Appellee, v. James Mark Clark, Defendant-Appellant.
Court of Appeals No. 18CA1172 El Paso County District Court No. 11CR2718 Honorable Scott A. Sells, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Corey Handy, Defendant-Appellant.
ORDERS AFFIRMED
Division III Opinion by JUDGE DUNN
Román and Johnson, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2122 Arapahoe County District Court No. 14CR564 Honorable Kurt A. Horton, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Shawn Marquese Harris, Defendant-Appellant.
ORDER AFFIRMED
Division III Opinion by JUDGE JOHNSON Román and Dunn, JJ., concur
Court of Appeals No. 18CA2243 Arapahoe County District Court No. 10DR894 Honorable Peter F. Michaelson, Judge
In re the Marriage of Kristen J. Aleksa, Appellee, and Orrick G. Nepomuceno, Appellant.
APPEAL DISMISSED IN PART, ORDER VACATED, AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE TOW Terry and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2269 Adams County District Court No. 17CR2483 Honorable Tomee Crespin, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Brandon Anthony Trujillo, Defendant-Appellant.
Court of Appeals No. 18CA2400 Arapahoe County District Court No. 15DR30961 Honorable Bonnie H. McLean, Judge
In re the Marriage of Danielle Alfaro, Appellant, and Matthew Duerksen, Appellee.
ORDER AFFIRMED
Division II Opinion by JUDGE TERRY Tow and Yun, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2459 Boulder County District Court No. 18CV31084 Honorable Thomas F. Mulvahill, Judge Honorable Dinsmore Tuttle, Judge Comcast of Colorado LLC, Plaintiff-Appellee, v. Andrew J. O’Connor and Mary E. Henry, Defendants-Appellants.
ORDERS AFFIRMED
Division VII Opinion by JUDGE BERGER Fox and Lipinsky, JJ., concur
Court of Appeals No. 19CA0152 Fremont County District Court No. 18CV57 Honorable Michael W. Meyrick, Magistrate
James M. Bertolo, Plaintiff-Appellant, v. Executive Director of the Colorado Department of Corrections and Warden of the Colorado Territorial Correctional Facility, Defendants-Appellees.
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. 19CA0183 Kit Carson County District Court No. 17CV30029 Honorable Charles M. Hobbs, Judge Judith Ann Winick, a/k/a Judy Winick, Plaintiff-Appellee, v. Donald Pottorff, Sr., Defendant-Appellant.
JUDGMENT AND ORDER AFFIRMED
Division V Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
Court of Appeals No. 19CA0309 Weld County District Court No. 18CV30277 Honorable Marcelo A. Kopcow, Judge
Steve Vanscoy and Maria Vanscoy, Plaintiffs-Appellants, v. Steve Winter, Defendant-Appellee.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0334 Weld County District Court No. 17CV30982 Honorable Todd Taylor, Judge Traegan, LLC, a Colorado limited liability company, Plaintiff-Appellee, v. Joe Molina and Global Properties and Management, LLC, a Colorado limited liability company, Defendants-Appellants.
Court of Appeals No. 19CA0366 Arapahoe County District Court No. 13CR39 Honorable Ben L. Leutwyler, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Anthony D. Riley, Defendant-Appellant.
ORDER AFFIRMED
Division IV Opinion by JUDGE PAWAR
Furman and Welling, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0435 City and County of Denver District Court No. 18CV559 Honorable Ross B.H. Buchanan, Judge David Michael Rome, Plaintiff-Appellant, v. Sandra Jean Williams, Defendant-Appellee.
Court of Appeals No. 19CA0604 Arapahoe County District Court No. 14CV31886 Honorable Elizabeth Beebe Volz, Judge
Richard K. Rufner, d/b/a Law Offices of Richard K. Rufner, f/k/a Rufner Law Firm, P.C., Plaintiff-Appellee, v. Makeen Family Trust and Makeen Investment Group, LLC, Defendants-Appellants.
JUDGMENT VACATED
Division VI Opinion by JUDGE GROVE
Richman and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0612 Industrial Claim Appeals Office of the State of Colorado WC No. 4-968-114 Allen Martin, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado; Jack in the Box, d/b/a Qdoba Mexican Grill; and Ace American Insurance Company, Respondents.
Court of Appeals No. 19CA1262 Industrial Claim Appeals Office of the State of Colorado DD No. 18115-2019
Cynthia R. Carpenter, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Kittredge General Store, LLC, Respondents.
ORDER AFFIRMED
Division VII Opinion by CHIEF JUDGE BERNARD Rothenberg* and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1524 City and County of Denver Juvenile Court No. 18JV843 Honorable Laurie A. Clark, Judge The People of the State of Colorado, Appellee, In the Interest of A.C.C., J.C.C., and A.W.W., Children, and Concerning J.J.W., Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE FREYRE Richman and Grove, JJ., concur
Court of Appeals No. 19CA1583 Industrial Claim Appeals Office of the State of Colorado DD No. 32927-2019
Yoseph Y. Kenno, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and State of Colorado Governor’s Office of Information Technology, Respondents.
ORDER AFFIRMED
Division VII Opinion by JUDGE ROTHENBERG* Bernard, C.J., and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1602 Industrial Claim Appeals Office of the State of Colorado DD No. 33117-20119 Tammy L. Carlson, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Dollar Tree Stores, Inc., Respondents.
Court of Appeals No. 19CA1614 City and County of Denver Juvenile Court No. 18JV293 Honorable D. Brett Woods, Judge
The People of the State of Colorado, Appellee, In the Interest of J.E.S., A.G.S., and N.L.C., Children, and Concerning L.N.B.S. and J.M.C., Appellants.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE RICHMAN Freyre and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1675 Adams County District Court No. 18JV88 Honorable Katherine R. Delgado, Judge The People of the State of Colorado, Appellee, In the Interest of M.G.S.B. and A.M.B., III, Children, and Concerning A.H., Appellant.
JUDGMENT AFFIRMED
Division V Opinion by JUDGE J. JONES Harris and Brown, JJ., concur
Court of Appeals No. 19CA1717 Larimer County District Court No. 17JV272 Honorable Juan G. Villaseñor, Judge
The People of the State of Colorado, Appellee, In the Interest of D.S., Child, and Concerning E.C., 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. 19CA1762 Industrial Claim Appeals Office of the State of Colorado DD No. 35602-2019 Edward J. Chick, Petitioner, v. Industrial Claim Appeals Office of the State of Colorado and Fountain School District No. 8, Respondents.
Court of Appeals No. 19CA1793 Jefferson County District Court No. 18JV579 Honorable Ann Gail Meinster, Judge
The People of the State of Colorado, Appellee, In the Interest of J.B., a Child, and Concerning A.C., Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE GROVE Richman and Freyre, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA1842 Jefferson County District Court No. 17JV871 Honorable Todd L. Vriesman, Judge The People of the State of Colorado, Appellee, In the Interest of A.M., a Child, and Concerning B.J., Appellant.
Court of Appeals No. 19CA1845 Arapahoe County District Court No. 18JV77 Honorable Natalie T. Chase, Judge
The People of the State of Colorado, Appellee, In the Interest of D.L., a Child, and Concerning K.G. and A.L., Appellants.
JUDGMENT 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. 19CA1846 City and County of Denver Juvenile Court No. 17JV1267 Honorable Laurie A. Clark, Judge The People of the State of Colorado, Appellee, In the Interest of J.M.J.H., a Child, and Concerning E.R.H., Appellant.
JUDGMENT AFFIRMED
Division VII Opinion by JUDGE LIPINSKY Fox and Berger, JJ., concur
Plaintiff-Appellant, v. Sixth Avenue West Townhouses Two Association, Inc.; Robert Katona; Catherine McGibney; Carolyn Reed; and Lakewood Realty Co., d/b/a ACM, 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. 2019.
