A woman who admitted starting a Fleming house fire that killed her 13-year-old son could spend more time in prison if Cayuga County District Attorney Jon Budelmann successfully argues that her original prison sentenced should be expanded.

Because of an error by the court, Michelle Davis was never sentenced in June 2000 to the state-mandated post-release supervision that should have followed her six-year sentence on manslaughter and arson charges.

Now that the error has been recognized, Budelmann is arguing that Davis be sentenced to a longer prison term because “justice” was not served the first time.

While we agree that the sentence Davis got was too lenient, we're not comfortable with a defendant being re-sentenced - after serving the first sentence - by a different judge who's being prodded by a different prosecutor.

A higher court ruling related to these post-release sentencing errors all over the state brought about this situation, so legislation was put in place to prevent violent criminals from escaping any supervision once they get out of prison. The legislation essentially allows the post-release terms be added, but it makes no mention of going back and changing the prison terms of any sentences.

The county had the option in 2000 of trying to convict Davis of more serious charges that would have meant more prison time, but the prosecutor agreed to accept a guilty plea instead.

Davis had her day in court; she pleaded guilty; she was sentenced; and she served her time.

The district attorney's office may certainly follow up at this point to see that the legally allowable post-release supervision be imposed, but to try to change the original prison term simply because it was disagreeable is not reason enough to set this kind of precedent.

The court's error with regard to post-release supervision is the only item to be corrected here.