No.
Though the Colorado Court of Appeals ruled that former Mesa County Clerk Tina Peters must be resentenced for her crimes, the judge who initially sentenced her could impose the same penalty.
A Mesa County jury convicted Peters of four felonies and three misdemeanors at her 2024 trial, finding she illegally tampered with election systems in a failed bid to find evidence of election fraud. She faced a penalty ranging from probation to up to nearly 20 years in prison.
On Oct. 23, 2024, District Judge Matthew Barrett sentenced Peters to nearly nine years behind bars, saying Peters “had found a way to profit off of lies and would continue to do so if she remained out of prison.”
The appeals panel ordered a resentencing because they found Barrett unfairly considered Peters’ election denial claims in sentencing her, violating her First Amendment rights. The panel upheld her convictions, however.
See full source list below.
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- Mesa County District Attorney Dan Rubinstein Email correspondence
- The Colorado Sun Colorado appeals court overturns Tina Peters’ sentence in election security breach
- Former Mesa County Clerk Tina Peters sentenced to 9 years in prison for role in 2021 breach of election system The Colorado Sun
- Colorado Court of Appeals People v. Peters summary
- Colorado Revised Statutes 18-1.3-401 Felonies classified — presumptive penalties
- Colorado Revised Statutes 18-5-113 Criminal impersonation
- Colorado Revised Statutes 18-8-306 Attempt to influence a public servant