DENVER -- The woman who started the worst wildfire in Colorado history has won a victory in the state Supreme Court.

Justices have refused to hear prosecutors' appeal of a lower court ruling that said a judge was unfairly harsh when he ordered a 12-year prison term for Terry Lynn Barton.

Barton was convicted of arson for the 138,000-acre Hayman Fire in 2002.

The state Court of Appeals in December ordered a new sentencing hearing before a new judge for Barton, who also is serving a six-year federal prison sentence.

The judge had ordered a 12-year sentence that was twice the normal maximum because he found there were extraordinary circumstances to justify the sentence.

The appeals court said a U.S. Supreme Court ruling from last year means that only juries can make those kinds of decisions in most cases.

The fire destroyed 133 homes, a commercial building and 466 outbuildings. Prosecutors said it caused at least $29.9 million in damage. Barton was working for the U.S. Forest Service when she started the fire by burning several pieces of paper in a campground fire pit during a total fire ban.

Last year, Barton told 7News that she was sorry for starting the fire. She was interviewed in the federal prison in Texas where she is currently serving her federal sentence.