Moultrie man's life sentence cut to 12 years - WALB.com, Albany News, Weather, Sports

Moultrie man's life sentence cut to 12 years

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April 7, 2004

 (Moultrie-AP) -- A Moultrie man who had been sentenced to life in prison for raping a child has had his sentence reduced to 12 years. Thirty-eight-year-old Kim Anthony Barnes will also serve eight years of probation.

Barnes was initially sentenced to life in 2002 after a jury convicted him of raping an eleven-year-old girl. But Barnes appealed and Colquitt County Assistant District Attorney Brian McDaniel became concerned the life sentence would be overturned in the Georgia Supreme Court.

So he offered to throw out the conviction and charge Barnes with aggravated assault with the intent to commit rape.

To convict a defendant of rape, the prosecution must prove the element of force if the victim is older than age ten.

posted at 8:45AM by dave.miller@walb.com