Court of Appeals Reverses Douglas County Prison Sentence, Rules Counsel Right Violated

The Colorado Court of Appeals on December 24, 2025 reversed a Douglas County sentence and remanded the case People v. Felsher after finding that a district court judge violated a defendant's constitutional right to the counsel of her choice. The three to zero panel concluded the trial court erred when it declined to postpone resentencing so the defendant's prearranged private attorney could return to the country and appear.

The defendant, Lyndie J. Felsher, had pleaded guilty in early 2023 to a felony driving under the influence offense and received a three year sentence in a community corrections program. Months later the community corrections program terminated her participation for an unauthorized absence and a warrant issued. On November 17, 2023 Felsher appeared in court and asked that the private attorney she had hired represent her at a resentencing hearing. The public defender assigned to the case asked the court for a short postponement to allow that attorney to attend. District Court Judge Patricia Herron refused and on November 22, 2023 resentenced Felsher to a three year prison term.

Felsher appealed, arguing the district court failed to apply the Colorado Supreme Court multi factor balancing test that guides decisions about postponing proceedings to accommodate counsel of choice. The Court of Appeals agreed, noting that Felsher had already retained the attorney of her choice and that nothing in the record indicated the attorney would be unavailable for an extended period. The panel found the prosecution did not demonstrate it would suffer more than inconvenience from a brief continuance. The court also observed that the trial court had been able to schedule a hearing three business days after Felsher's initial appearance, signaling that a short delay would not have been burdensome. The panel reversed the prison sentence and remanded for further proceedings.

The decision carries direct implications for defendants in Douglas County and beyond by reaffirming the need for courts to weigh carefully the right to counsel of choice against scheduling and administrative concerns. It also highlights local judicial personnel matters. Judge Herron retired from the bench a month after the resentencing in 2023, and the chief justice later appointed her as a part time senior judge despite multiple reversals of convictions and sentences tied to her rulings. The appeals ruling may lead defense attorneys and court administrators to scrutinize prior scheduling decisions and to expect stricter adherence to the Supreme Court balancing test in future proceedings.