The Colorado Court of Appeals overturned the nine-year prison sentence for former Mesa County clerk Tina Peters, ruling that the sentencing judge improperly considered her First Amendment-protected speech when determining her punishment. The decision marks a significant development for Peters, who remains behind bars after 549 days while backing President Trump’s claims about the 2020 election.

Court Finds Free Speech Violation in Sentencing

A three-judge panel determined that District Judge Matthew Barrett wrongly factored Peters’ continued statements about election integrity into her original sentence. Judge Ted C. Tow III wrote that the court imposed the lengthy sentence because Peters continued expressing views that led to her crimes. The opinion stated the trial court punished Peters for persisting in her beliefs about the 2020 election, which the judges found constitutionally problematic. The 74-page ruling upheld her convictions but ordered resentencing by the same judge who originally sentenced her.

Presidential Pardon Attempt Rejected

The appeals court flatly rejected an effort by President Trump to pardon his political ally despite ongoing pressure campaigns. The panel found the purported presidential pardon carried no authority under state law. Peters’ attorney Peter Ticktin expressed disappointment, calling the trial a kangaroo court and criticizing the decision to send her back to the same district judge for resentencing. He argued the appeals court should have granted a new trial rather than kicking the can down the road.

Prosecution Confident in Original Verdict

Mesa County District Attorney Dan Rubinstein emphasized that the appeals court validated the trial’s fairness and the guilty verdicts. He noted the court rejected nine separate claims of error that Peters raised about her trial and convictions. The ruling found sufficient evidence supported her convictions, that she was not immune from state prosecution, and that prosecutorial statements during closing arguments did not impact the verdict. Colorado Attorney General Phil Weiser called the original sentence fair and appropriate, though his office has not decided whether to appeal.

What Happens Next

The case returns to Judge Barrett, who can reduce, reinstate, or adjust Peters’ original nine-year sentence. The appeals judges denied Peters’ request for a new sentencing judge, ruling she needed to raise that issue in the lower court first. Both the prosecution and defense have already presented full sentencing arguments, and Rubinstein anticipates the trial court will issue a new sentencing order potentially affirming the prior length with findings consistent with the appellate guidance. The ruling represents a narrow victory for Peters on procedural grounds while maintaining her underlying convictions remain valid.