Oct 11, 2005 12:30 pm US/Mountain
State Supreme Court Won't Hear Barton Case
DENVER (AP) ―
A former forestry worker who started the worst wildfire in Colorado history could be out of prison after six years instead of 12 because of a state Supreme Court ruling Tuesday.
Terry Lynn Barton pleaded guilty to state arson charges for the 2002 Hayman fire, which charred 138,000 acres and destroyed 133 houses. A judge sentenced her to 12 years -- twice the normal term -- but the Colorado Court of Appeals ordered a new sentence, saying the judge did not have the authority to extend the sentence.
The Supreme Court refused to hear prosecutors' appeal, so Barton's case now goes to another state judge for re-sentencing. Barton's attorney Sharlene Reynolds said she expects a six-year sentence.
Barton, who worked for the U.S. Forest Service when she started the fire, is serving a simultaneous six-year federal sentence after pleading guilty to federal arson charges.
While refusing to hear the Barton case, the state Supreme Court said it would review a number of other criminal cases to settle questions about sentencing decisions raised by the U.S. Supreme Court in 2004, when it limited judges' ability to order harsh punishments.
Uncertainty about such "aggravated" sentences after the federal court ruling caused confusion among state judges, frustration among prosecutors and scrambling among some legislators.
Lawmakers declined to make changes in state sentencing laws this year, but rulings from the state Supreme Court could prompt changes next year.
(© 2005 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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