Peo in Interest of Harris
── Peo in Interest of Harris ──
Court: Colorado Court of Appeals
Date: May 14, 2026
Category: General
26CA0407 Peo in Interest of Harris 05-14-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 26CA0407
City and County of Denver Probate Court No. 25MH830
Honorable Beth A. Tomerlin, Magistrate
The People of the State of Colorado,
Petitioner-Appellee,
In the Interest of Lincoln Harris,
Respondent-Appellant.
ORDER AFFIRMED
Division A
Opinion by JUSTICE MARTINEZ*
Román, C.J., and Hawthorne*, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced May 14, 2026
Miko Brown, City Attorney, Hayley Swestka, Assistant City Attorney, Denver,
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 Respondent, Lincoln Harris, appeals a magistrate’s order
authorizing his certification for long-term mental health treatment
at the Colorado Mental Health Hospital in Pueblo (the hospital). We
affirm.
I. Background
¶2 In March 2025, Harris was admitted to the hospital for
restoration treatment after being found incompetent to proceed in a
criminal case. Less than two weeks later, the criminal court
dismissed Harris’s charges, which prompted the hospital to request
a seventy-two-hour mental health hold. The hospital then
petitioned for short-term mental health treatment.
¶3 After extending the short-term certification, the hospital
petitioned for long-term mental health treatment, alleging that
Harris was gravely disabled. In February 2026, a magistrate held a
hearing, at which Dr. Zachary Wickline (one of Harris’s treating
physicians) and Harris testified. After hearing the evidence, the
magistrate found that Harris was gravely disabled and granted the
request for long-term certification.
1
II. Long-Term Certification
¶4 Harris asserts that there was insufficient evidence to establish
that he was gravely disabled, and the magistrate therefore erred by
authorizing the long-term certification. We are not persuaded.
¶5 When a patient challenges the sufficiency of the evidence, we
must affirm if the evidence, viewed as a whole and in the light most
favorable to the People, is sufficient to support the order. People in
Interest of R.K.L., 2016 COA 84, ¶ 13. As the fact finder, the
magistrate determines the sufficiency, probative effect, and weight
of the evidence, along with the inferences and conclusions to be
drawn from it. People in Interest of R.C., 2019 COA 99M, ¶ 7. We
must defer to the magistrate’s factual findings if they have record
support, but we review the magistrate’s legal conclusions de novo.
R.K.L., ¶ 13.
¶6 To authorize long-term certification for mental health
treatment, the magistrate must find that the patient has a mental
health disorder and, as a result of that disorder, is gravely disabled
or a danger to themselves or others. § 27-65-110(1)(a), C.R.S.
2025. Gravely disabled means that, because of a mental health
disorder, a person is incapable of making informed decisions about
2
or providing for their essential needs without significant supervision
and assistance from other people. § 27-65-102(17), C.R.S. 2025;
see also People v. Taylor, 618 P.2d 1127, 1134 (Colo. 1980) (noting
that a person is gravely disabled if they cannot “take care of basic
personal needs,” such as “food, shelter, clothing, and medical
care”).
¶7 The magistrate determined that the evidence presented at the
hearing established that Harris was gravely disabled as defined by
section 27-65-102(17). In reaching this decision, the court pointed
to the following evidence in the record:
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}