Colorado Appeals Court Overturns Tina Peters’ 9-Year Sentence, Orders Resentencing
The Colorado Court of Appeals vacated a nine-year prison term for former Mesa County clerk Tina Peters and ordered a new sentencing hearing. A three-judge panel found that parts of the original sentence were improperly based on protected speech.
Appeals court ruling and legal findings
The court issued a 78-page opinion on Thursday. It upheld Peters’ convictions but ruled the sentence must be reconsidered by a district court judge.
Judges concluded the lower court relied in part on Peters’ continued public statements about the 2020 election. That reliance, the panel said, made the sentence constitutionally flawed.
Convictions and procedural rulings
Mesa County jurors had convicted Peters, 70, on four felony and three misdemeanor counts. The convictions stemmed from a scheme to let an unauthorized person access secure voting equipment.
The appeals court found there was ample evidence of Peters’ criminal intent. It also held she was not immune from state prosecution. The panel rejected arguments that a purported presidential pardon blocked prosecution.
Sentencing issues the court addressed
The judges upheld a felony conspiracy conviction for criminal impersonation. That charge had been described to the jury with misdemeanor language. The court said the charging document and mittimus correctly reflected the felony.
The panel denied Peters’ request to be resentenced by a different judge. The court said she needed to raise that matter first in the district court.
On prosecutorial conduct and impact
The panel reviewed a prosecutor’s closing remarks. It concluded any improper statement did not affect the guilty verdict. The court said the evidence of Peters’ knowledge of unlawful conduct was overwhelming.
Original sentence and parole status
Peters was sentenced in October 2024 to a total of nine years behind bars. The term combined consecutive terms and shorter counts tied to various convictions.
- Two counts of attempting to influence a public official: 3.5 years each (concurrent or consecutive as imposed).
- A third attempting-to-influence count: 3.5 years.
- Conspiracy to commit criminal impersonation: 15 months.
- Violation of duty/failure to comply with secretary of state rules: 6 months.
Before the appeals decision, the Colorado Department of Corrections listed Peters as eligible for parole in November 2028. That eligibility date will change after resentencing.
Political fallout and official reactions
Colorado Attorney General Phil Weiser said the original sentence was appropriate. He emphasized Peters remains a convicted felon who violated public trust.
President Donald Trump repeatedly pressed for Peters’ release. In December he claimed to pardon her. The Court of Appeals and other courts have said such a pardon lacks legal force over state convictions.
State leaders respond
Governor Jared Polis previously signaled he might consider clemency. He later said he would wait for the appeals court decision. Polis also suggested Peters should show remorse before any action.
Democratic lawmakers urged the governor not to reduce the sentence. House Speaker Julie McCluskie said she needed to study the ruling. Secretary of State Jena Griswold welcomed the court’s rejection of the attempted pardon.
Broader context
The appeals opinion noted some sentencing considerations were proper. But the court found the overall tenor of the lower court’s remarks made the sentence partially punitive for Peters’ views. The panel ordered resentencing so a lawful term can be imposed.
The case drew national attention and political pressure. AG Weiser said the state faced retaliatory actions, including the cancellation of federal funds estimated at more than $700 million.
Filmogaz.com will monitor developments. We will update this article as new information becomes available about resentencing and any follow-up appeals.
