Colorado Appeals Court Tosses Tina Peters’ 9-Year Sentence, Citing First Amendment Violation

 

DENVER — A Colorado appeals court has thrown out the nine-year prison sentence imposed on former Mesa County Clerk Tina Peters, ruling that the trial judge improperly relied on her protected political speech when determining her punishment.

In a unanimous decision, a three-judge panel concluded that the sentencing court “obviously erred by imposing sentence at least partially based on Peters’ protected speech,” according to the opinion authored by Judge Ted Tow.

The ruling leaves Peters’ underlying criminal convictions intact but sends the case back to a lower court for resentencing.

Sentencing Tied to Speech

At the center of the appellate court’s decision was the conduct of District Court Judge Matthew Barrett, who sentenced Peters in October 2024 to nine years in prison along with financial penalties.

According to the panel, Barrett’s remarks during sentencing made clear that the length of the punishment was influenced, at least in part, by Peters’ continued public statements asserting that fraud occurred in the 2020 election. The court emphasized that such views — regardless of their accuracy — are protected under the First Amendment.

“The record demonstrates the sentence was driven in part by Peters’ refusal to abandon her viewpoint,” the panel wrote, concluding that this constituted a constitutional violation.

Convictions Remain

Despite overturning the sentence, the appeals court upheld Peters’ convictions stemming from her actions as Mesa County’s elected clerk and recorder.

Prosecutors had argued that Peters improperly authorized a forensic imaging of election system hard drives during a routine software update. She maintained that her actions were intended to preserve records she believed could contain evidence related to election integrity concerns.

The imaging process involved an outside expert who used a pseudonym for security reasons. Copies of the data were later released publicly by third parties.

A Mesa County jury in 2024 found Peters guilty on multiple counts, including attempting to influence a public servant, conspiracy to commit criminal impersonation, official misconduct, violation of duty in elections, and failure to comply with the Secretary of State.

Political and Legal Fallout

The case has drawn national attention, in part because the sentencing judge, Barrett, was appointed by Colorado Governor Jared Polis, a Democrat. However, the appeals court’s ruling focused squarely on constitutional issues rather than political considerations.

Legal analysts say the decision underscores a key principle: while courts may consider a defendant’s conduct and remorse, they cannot increase punishment based on constitutionally protected speech or beliefs.

What Happens Next

Peters remains in custody as the case returns to the trial court for resentencing. The appeals panel declined her request to assign a new judge, meaning Barrett is expected to oversee the new sentencing proceedings.

The outcome of that hearing will determine how much prison time — if any adjustment is made — Peters ultimately serves, this time under stricter constitutional limits on how her speech can be considered.