People v. J.P.
── People v. J.P. ──
Court: Colorado Court of Appeals
Date: May 28, 2026
Category: General
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constitute no part of the opinion of the division but have been prepared by
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SUMMARY
May 28, 2026
2026 COA 41
No. 24CA2067, People v. J.P. — Public Records — Sealing
Criminal Justice Records Other than Convictions; Trials —
Verdicts and Findings — Not Guilty by Reason of Insanity
A court shall order a defendant’s criminal justice records
sealed when the defendant is “acquitted of all counts in the case.”
§ 24-72-705(1)(a)(II), C.R.S. 2025. A division of the court of appeals
holds that a defendant who is found not guilty by reason of insanity
(NGRI) is eligible for record sealing under the statute because an
NGRI judgment operates as an acquittal of the charged offenses.
Accordingly, the division reverses the district court’s orders denying
the defendant’s requests to seal his criminal justice records and
remands the case to the district court to seal his records.
COLORADO COURT OF APPEALS 2026 COA 41
Court of Appeals No. 24CA2067
El Paso County District Court Nos. 02CR5134, 03CR26 & 03CR46
Honorable Robin Chittum, Judge
The People of the State of Colorado,
Plaintiff-Appellee,
v.
J.P.,
Defendant-Appellant.
ORDERS REVERSED AND CASE
REMANDED WITH DIRECTIONS
Division III
Opinion by JUDGE DUNN
Harris and Moultrie, JJ., concur
Announced May 28, 2026
Philip J. Weiser, Attorney General, Marixa Frias, Assistant Attorney General,
Denver, Colorado, for Plaintiff-Appellee
J.P., Pro Se
¶1 A court shall order a defendant’s criminal justice records
sealed when the defendant is “acquitted of all counts in the case.”
§ 24-72-705(1)(a)(II), C.R.S. 2025. The question in this case is
whether defendant, J.P., who was found not guilty by reason of
insanity (NGRI) in three criminal cases, is eligible to have his
criminal justice records sealed.
¶2 Because an NGRI judgment operates as an acquittal of the
charged offenses, we answer yes to that question. We therefore
reverse the district court’s orders denying J.P.’s requests to seal his
criminal justice records and remand the case to the district court to
seal his records.
I. Background
¶3 In the early aughts, the People charged J.P. with multiple
crimes in three separate cases in El Paso County, Colorado (Case
Nos. 02CR5134, 03CR26, and 03CR46). After a bench trial, the
court found J.P. NGRI in all three cases. The court committed J.P.
to the department of human services for care and psychiatric
treatment.
1
¶4 During his commitment, J.P. pleaded guilty to second degree
murder and aggravated robbery in connection with a cold case
homicide. The court sentenced him to sixty years in prison.
¶5 In April 2021, a psychiatrist at the Colorado Mental Health
Institute at Pueblo opined that it was appropriate for J.P. to be
unconditionally released to serve his prison sentence. The district
court then unconditionally released J.P. from commitment.
¶6 Three years later, J.P. filed motions in his three El Paso
County cases to seal his criminal records under section 24-72-705.1
He asserted that because the charges in each case “ended in
acquittal” and a “finding of not guilty,” his records were eligible for
sealing.
¶7 The district cou
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