-1- ANNOUNCEMENTS Colorado Court of Appeals September 26, 2019 _______________ __________________________ __________ _______________ ANNOUNCEMENTS COLORADO COURT OF APPEALS September 26, 2019 “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 2019COA148 Court of Appeals No. 18CA0977 Adams County District Court No. 16CV31316 Honorable Emily E. Anderson, Judge FD Interests, LLC, Plaintiff-Appellant, and Fairways Builders, Inc., Buffalo Run Fairways, LLC, and Fairways Homes, LLC, Third-Party Defendants-Appellants, v. Fairways at Buffalo Run Homeowners Association, Inc., Defendant-Appellee, and William D. Monhollin Trust, the Nancy L. Monhollin Trust, Janice Van Gundy, and Jennifer Van Gundy, Third-Party Defendants-Appellees. JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS Division I Opinion by JUDGE GROVE Taubman and Hawthorne, JJ., concur
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ANNOUNCEMENTS COLORADO COURT OF APPEALS September 26, 2019
“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
2019COA148 Court of Appeals No. 18CA0977 Adams County District Court No. 16CV31316 Honorable Emily E. Anderson, Judge FD Interests, LLC, Plaintiff-Appellant, and Fairways Builders, Inc., Buffalo Run Fairways, LLC, and Fairways Homes, LLC, Third-Party Defendants-Appellants, v. Fairways at Buffalo Run Homeowners Association, Inc., Defendant-Appellee, and William D. Monhollin Trust, the Nancy L. Monhollin Trust, Janice Van Gundy, and Jennifer Van Gundy, Third-Party Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
El Paso County District Court No. 09CR4845 Honorable Jann P. Dubois, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Quinten Poncho Abeyta, Defendant-Appellant.
JUDGMENT AFFIRMED
Division II Opinion by JUDGE DAILEY
Richman and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1300 Jefferson County District Court No. 14CR1764 Honorable Christopher C. Zenisek, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Gordon Lee Moench, Defendant-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE HARRIS Román and Grove, JJ., concur
Court of Appeals No. 16CA1339 Arapahoe County District Court No. 12CR2171 Honorable Frederick T. Martinez, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Emmanuel Antoine Fisher, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division IV Opinion by JUDGE NAVARRO
Hawthorne and Furman, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 16CA1747 El Paso County District Court No. 15CR3951 Honorable Jann P. Dubois, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Michael Allen Crittenden-Morman, Defendant-Appellant.
Court of Appeals No. 17CA0621 Adams County District Court No. 16CR985 Honorable Craig R. Welling, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Ernest Joseph Tibbels, Defendant-Appellant.
JUDGMENT AFFIRMED
Division IV Opinion by JUDGE HAWTHORNE Furman and Navarro, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA0819 Larimer County District Court No. 15CR2229 Honorable Gregory M. Lammons, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Matthew Dean Fletcher, Defendant-Appellant.
JUDGMENT AFFIRMED
Division VI
Opinion by JUDGE WELLING Terry and Berger, JJ., concur
Court of Appeals No. 17CA1335 Jefferson County District Court No. 16CR1999 Honorable Randall C. Arp, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Gary Walter Dodd, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V Opinion by JUDGE HARRIS
Román and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA1435 El Paso County District Court No. 16CR3959 Honorable David A. Gilbert, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Andrew James Heller, Defendant-Appellant.
JUDGMENT AND SENTENCE AFFIRMED
Division V
Opinion by JUDGE GROVE Román and Harris, JJ., concur
Court of Appeals No. 17CA1575 Fremont County District Court No. 16CR17 Honorable Ramsey Lama, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Devlin Lee Palaza, Defendant-Appellant.
JUDGMENT AFFIRMED
Division I Opinion by JUDGE TAUBMAN Freyre and Pawar, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA1587 Arapahoe County District Court No. 15CR2752 Honorable Phillip L. Douglass, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Leonard Roybal, Defendant-Appellant.
JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS
Court of Appeals No. 17CA1768 City and County of Denver District Court No. 09CR3546 Honorable Sheila A. Rappaport, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Juan Lorenzo Johnson, Defendant-Appellant.
ORDER AFFIRMED
Division III Opinion by JUDGE FURMAN Webb and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0143 Arapahoe County District Court No. 02CR1198 Honorable Patricia D. Herron, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Ateba Armand Bailey, Defendant-Appellant.
Court of Appeals No. 18CA0254 Weld County District Court No. 04CR385 Honorable Julie C. Hoskins, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Kevin Robert Faulkner, Defendant-Appellant.
ORDER AFFIRMED
Division VII Opinion by JUDGE FOX
J. Jones and Tow, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0294 City and County of Denver District Court No. 16CR20007 Honorable Morris B. Hoffman, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Darius E. Ratcliff, Defendant-Appellant.
Court of Appeals No. 18CA0469 City and County of Denver District Court No. 12CR2624 Honorable William D. Robbins, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Jaime Valdiviezo-Perea, Defendant-Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division VII
Opinion by JUDGE BERGER Navarro and Miller*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0684 Adams County District Court No. 08CR496 Honorable Dinsmore Tuttle, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Lance Leroy McDermed, Defendant-Appellant.
Court of Appeals No. 18CA0772 Pitkin County District Court No. 10CV201 Honorable Denise K. Lynch, Judge
Robert A. Francis, as Trustee of the Judi B. Francis Irrevocable Trust, and as Trustee of the Robert A. Francis Irrevocable Family Trust; Judi B. Francis, as Trustee of the J. Lee Browning Belize Trust; Plaintiffs-Appellants, and Leslee K. Francis, Counterclaim-Defendant and Plaintiff-Appellant, and Judi B. Francis Irrevocable Trust; Robert A. Francis Irrevocable Family Trust; and J. Lee Browning Belize Trust, Counterclaim-Defendants, v. Aspen Mountain Condominium Association, Inc., a Colorado not for profit corporation. Counterclaim-Plaintiff and Defendant-Appellee, and Donald Miller, in his capacity as member of the Board of Directors of the Aspen Mountain Condominium Association, Inc.; Bruce Lynton, in his capacity as member of the Board of Directors of the Aspen Mountain Condominium Association, Inc.; and Steve Daubenmier, in his capacity as member of the Board of Directors of the Aspen Mountain Condominium Association, Inc., Defendants-Appellees.
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE FURMAN Webb and Brown, JJ., concur
Court of Appeals No. 18CA0955 Fremont County District Court No. 16CR66 Honorable Ramsey L. Lama, Judge
The People of the State of Colorado, Plaintiff-Appellee, v. Christopher Clark, Defendant-Appellant.
JUDGMENT AFFIRMED
Division II Opinion by JUDGE DAILEY
Richman and Brown, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA0971 La Plata County District Court No. 13DR18 Honorable William L. Herringer, Judge In re the Marriage of Kelly Ann Maertin, Appellant, and Jeffrey Charles Dreger, Appellee.
ORDER AFFIRMED
Division VII
Opinion by JUDGE J. JONES Fox and Tow, JJ., concur
Court of Appeals No. 18CA0993 El Paso County District Court No. 16DR3433
Honorable Timothy Schutz, Judge In re the Marriage of Maria Elena Rosvall, Appellee, and Tyler James Rosvall, Appellant.
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DUNN Webb and Lipinsky, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1044 Fremont County District Court No. 13CR319 Honorable Lynette M. Wenner, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Theodore C. Schmidt, Defendant-Appellant.
ORDER AFFIRMED
Division II
Opinion by JUDGE DAILEY Richman and Brown, JJ., concur
Court of Appeals Nos. 18CA1108 & 18CA1717 City and County of Denver District Court No. 17CV30697
Honorable Martin F. Egelhoff, Judge Andrew D. Lee, Plaintiff-Appellant, v. Gregory D. Welk, Defendant-Appellee.
JUDGMENT AFFIRMED
Division III Opinion by JUDGE WEBB
Dunn and Vogt*, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1398 Weld County District Court No. 17CR2052 Honorable Julie C. Hoskins, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Raul Guerrero Viera, Defendant-Appellant.
Boulder County District Court No. 09CR2035 Honorable Andrew R. Macdonald, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Shams Abdul-Rahman, Defendant-Appellant.
ORDER AFFIRMED
Division VII Opinion by JUDGE TOW
J. Jones and Fox, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA1974 El Paso County District Court No. 16CR4190 Honorable William B. Bain, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Ronald Anthony Tholkes, Defendant-Appellant.
ORDER AFFIRMED
Division V
Opinion by JUDGE GROVE Román and Harris, JJ., concur
Douglas County District Court No. 05DR747 Honorable Michael Spear, Judge In re the Marriage of Katherine Learn, f/k/a Katherine Uhlar, Appellee, and Jonathan Uhlar, Appellant.
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Division II
Opinion by JUDGE MILLER* Bernard, C.J., and Vogt*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2142 El Paso County District Court No. 15JV899 Honorable Timothy Schutz, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of E.R.L., a Child, and Concerning R.L., Respondent-Appellant.
Adams County District Court No. 17JV343 Honorable Katherine R. Delgado, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of L.A.L., A.L.R., and A.L.R., Children, and Concerning C.R.M., Respondent-Appellant.
JUDGMENT REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division V Opinion by JUDGE ROMÁN
Harris and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2256 City and County of Denver District Court No. 01CR3687 Honorable Shelley I. Gilman, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Darren Heurtevant, Defendant-Appellant.
El Paso County District Court No. 17JV1058 Honorable Robin Chittum, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of K.G., a Child, and Concerning T.G. and L.D., Respondents-Appellants.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE LIPINSKY Webb and Dunn, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 18CA2354 City and County of Denver District Court No. 94DR474 Honorable Catherine A. Lemon, Judge In re the Marriage of Terry W. Mobley, Appellant, and Cheryl E. Mobley, Appellee.
Jefferson County District Court No. 17JV18 Honorable Ann Gail Meinster, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of A.C., a Child, and Concerning D.C., Respondent-Appellant.
JUDGMENT AFFIRMED
Division III
Opinion by JUDGE VOGT* Bernard, C.J., and Márquez*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0004 City and County of Denver Juvenile Court No. 16JV779 Honorable Donna J. Schmalberger, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of D.M.B. and G.N.E., Children, and Concerning B.D.E., a/k/a B.D.C., Respondent-Appellant.
JUDGMENT AFFIRMED
Division IV
Opinion by JUDGE FURMAN Hawthorne and Navarro, JJ., concur
Court of Appeals No. 19CA0213 City and County of Denver Juvenile Court No. 17JV448 Honorable Donna J. Schmalberger, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of J.E.R., a Child, and Concerning D.A.S., Respondent-Appellant.
JUDGMENT AFFIRMED
Division V
Opinion by JUDGE GROVE Román and Harris, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 19CA0254 Adams County District Court No. 17JV290 Honorable Katherine R. Delgado, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of Y.J.H-P. and A.L.H-P., Children, and Concerning E.J.H-P. and B.M.B., Respondents-Appellants.
Court of Appeals No. 19CA0284 Adams County District Court No. 17JV32 Honorable Katherine R. Delgado, Judge The People of the State of Colorado, Petitioner-Appellee, In the Interest of G.M.H., a Child, and Concerning M.M.H., Respondent-Appellant.
JUDGMENT AFFIRMED
Division VII
Opinion by JUDGE TOW J. Jones and Fox, JJ., concur
Court of Appeals No. 16CA0876 The People of the State of Colorado, Plaintiff-Appellee, v. Jarrod Devon Moquist, Defendant-Appellant.
Petition for Rehearing DENIED
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Court of Appeals No. 17CA2305 In re the Estate of William A. Powers, a/k/a William Arthur Powers, a/k/a William Powers, a/k/a Bill Powers, deceased. Lora J. Powers, Appellant, v. William Martin Powers, Appellee.