Peo in Interest of Herrera

── Peo in Interest of Herrera ── Court: Colorado Court of Appeals Date: May 14, 2026 Category: General 26CA0414 Peo in Interest of Herrera 05-14-2026 COLORADO COURT OF APPEALS Court of Appeals No. 26CA0414 Jefferson County District Court No. 23MH474 Honorable Jessica Walker, Magistrate The People of the State of Colorado, Petitioner-Appellee, In the Interest of Jose Herrera, Respondent-Appellant. ORDER AFFIRMED Division A Opinion by JUDGE HAWTHORNE* Román, C.J., and Martinez*, J., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced May 14, 2026 Kimberly Sorrells, County Attorney, Sarah Oviatt, Senior Assistant County Attorney, Golden, Colorado, for Petitioner-Appellee Tezak Law, P.C., Mary Tezak, Florence, Colorado, for Respondent-Appellant *Sitting by assignment of the Chief Justice under provisions of Colo. Const. art. VI, § 5(3), and § 24-51-1105, C.R.S. 2025. ¶1 Jose Herrera appeals the district court magistrate’s order extending his long-term certification for care and treatment under section 27-65-110, C.R.S. 2025. We affirm. I. Background ¶2 In March 2023, Herrera was admitted to a mental health hospital for competency restoration. His associated criminal charges were dismissed five months later, at which time the hospital placed Herrera on an emergency mental health hold. The People subsequently filed a series of successful petitions for short-term and long-term certifications for treatment, asserting that Herrera was gravely disabled due to his schizoaffective disorder and post-traumatic stress disorder (PTSD). See § 27-65-109, C.R.S. 2025 (describing the conditions and procedures for short-term certification); see also § 27-65-110(5) (permitting “as many [long-term certification] extensions as the court orders”). As a result, Herrera has been continuously hospitalized since 2023 and now resides at Colorado Mental Health Hospital in Fort Logan (CMHH-FL). ¶3 In January 2026, the People once again petitioned for a six-month extension of Herrera’s long-term certification, alleging 1  that his diagnosis remains consistent and that he continues to require structure and support for daily functioning. Herrera requested an evidentiary hearing to address the petition. ¶4 At the hearing, Dr. Michelle Selsenmeyer testified that Herrera’s primary diagnosis is schizoaffective disorder, bipolar type, and his secondary diagnoses are PTSD and stimulant use disorders. She further testified that Herrera is gravely disabled as a result of his schizoaffective disorder, which “impacts his ability to independently . . . manage his basic needs,” especially his eating and drinking behaviors, hygiene, and medication management. Hence, Herrera was at risk of substantial bodily harm. ¶5 As to eating and drinking behaviors, Dr. Selsenmeyer testified that Herrera often stared at his food, then ate very slowly or threw his food away. He also grabbed food out of the garbage or from other patients. Herrera had lost weight since being admitted to CMHH-FL, and staff were monitoring his weight and eating behaviors to ensure his safe nutrition. He also had a history of drinking toxic amounts of water and required intermittent fluid restrictions. As to hygiene issues, Dr. Selsenmeyer testified that Herrera had been using his toothbrush to clean doorknobs with 2  hand sanitizer, then brushing his teeth with that toothbrush. Herrera also needed step-by-step direction to clean himself in the shower and significant prompting to launder his clothes. Finally, as to medication management, Dr. Selsenmeyer testified that Herrera currently required “med sits” (fifteen-minute supervision after “taking in his meds”) to ensure that he was not diverting the prescribed medications. ¶6 Herrera also