Colorado Appeals Court Upholds Tina Peters Conviction; Sentencing Re-evaluation Ordered
A Colorado appeals court upheld Tina Peters’ felony conviction and ordered a re-evaluation of her sentence. The ruling sends the sentencing issue back to the lower court for further review.
Court’s ruling and legal basis
The three-judge panel found merit in Peters’ First Amendment claim at sentencing. The judges said the district court may have punished her for protected speech about alleged election fraud.
The opinion was written by Chief Judge Gilbert M. Román. Judges Lino S. Lipinsky de Orlov and Craig R. Welling concurred.
Sentencing remanded
Peters remains convicted on state felony charges for election interference. Her nine-year prison term will be reconsidered by the trial court after the appeals ruling.
Case background
Prosecutors say Peters allowed unauthorized access to voting machines after the 2020 presidential election. She is a former Mesa County clerk and is currently serving time.
Peters is in her seventies. The conviction stems from conduct tied to election operations and security.
Political responses and pardon issues
Gov. Jared Polis publicly suggested the nine-year sentence might be overly harsh. Former President Donald Trump urged her release and later issued a pardon late last year.
The appeals court noted that a presidential pardon does not erase state convictions. The court rejected the notion that the federal pardon relieved her state sentence.
Defense reaction
A representative for Peters’ attorney acknowledged a request for comment from Filmogaz.com. No further statement was provided following the ruling.
Keywords
- Colorado Appeals Court
- Upholds Tina Peters Conviction
- Sentencing Re-evaluation Ordered