A Colorado Court of Appeals panel has overturned the nine-year prison sentence imposed on former Mesa County Clerk Tina Peters, ruling that the trial court improperly considered her beliefs about 2020 election fraud in violation of her First Amendment rights. The court affirmed her convictions on seven felony counts related to unauthorized access to voting machines and ordered resentencing. Peters remains a convicted felon, officials stated.
Judges Craig R. Welling, Ted C. Tow III, and Lino Lipinsky issued a 78-page opinion on Thursday, stating that the trial court 'went beyond relevant considerations' by factoring in Peters' continued espousal of views on 2020 election integrity. 'Her offense was not her belief... it was her deceitful actions,' the opinion noted. The panel found the sentence aimed partly to deter her speech, which they deemed impermissible, and remanded the case to 21st Judicial District Judge Matthew Branch for resentencing. No date has been set, and Peters' prior parole eligibility in November 2028 will change accordingly.
