Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
Roy Miller appealed his convictions of aggravated motor vehicle theft, first-degree criminal trespass, violation of bail bond conditions, violation of a protection order, stalking and two counts of first-degree burglary as a crime of violence. He also appealed his sentences.
The Colorado Court of Appeals held the term “contacts” in the stalking statute, Section 18-3-602(1)(c) of the Colorado Revised Statutes, encompasses making phone calls, even if the victim doesn’t answer the calls.
The appeals court affirmed the conviction and sentences.
Jessie Rodriguez Sr. appealed his conviction of conspiracy to distribute a controlled substance. Rodriguez asked the Colorado Court of Appeals to decide whether a proposed one-time sale of an ounce of methamphetamine between strangers can establish, by itself, a conspiracy to distribute a controlled substance.
The appeals court expanded on the guidance provided by People v. Lucero, and it concluded insufficient evidence supported Rodriguez’s conviction. The appeals court vacated the conviction and remanded the case with directions to enter a judgment of acquittal.
Life Care Centers of America and its insurer, Old Republic Insurance Company, sought review of the final order issued by the Industrial Claim Appeals Office awarding workers’ compensation benefits to Vincent Gaines and his surviving spouse, Sheila Jackson, after Gaines died from COVID-19 while employed at a skilled nursing facility that Life Care operates.
The Colorado Court of Appeals considered, as a matter of first impression, whether COVID-19 can be an occupational disease under the Workers’ Compensation Act of Colorado. The appeals court concluded under the circumstances of this case, COVID-19 met the statutory definition of an “occupational disease” set forth in Section 8-40-201(14) of the Colorado Revised Statutes.
Moore v. 4th Judicial District Attorney
Raymond Moore appealed the district court’s order denying his petition to discontinue his sex offender registration. The Colorado Court of Appeals concluded that because Moore has more than one conviction as an adult for unlawful sexual behavior, Section 16-22-113(3)(c) of the Colorado Revised Statutes renders him ineligible to petition for removal from the sex offender registry.
The appeals court rejected Moore’s argument that because Section 16-22-113(3)(c) contains a reference to Section 16-22-103(2) it applies only to convictions for unlawful sexual behavior entered on and after July 1, 1994.
The appeals court affirmed.