A former Pueblo doctor was sentenced to eight years of probation on Wednesday after the Colorado Court of Appeals ruled that a lower court had erred by sentencing him to prison for his refusal to admit that he fondled a patient.

Arthur Halprin, 59, was granted credit for two years of probation that he had served before appealing his sentence. However, District Judge Victor Reyes imposed conditions of probation that include sex-offender treatment, which still requires Halprin to admit he is guilty of the offense.

Halprin's lawyer, Randy Jorgensen, said he plans to appeal the latest sentence handed down by Reyes. Halprin declined to comment, but Jorgensen said his client still maintains he is innocent and does not intend to admit in treatment that he committed the offense.

In 2002, a Pueblo jury found Halprin guilty of third-degree sexual assault for fondling the breasts of a patient of his gastroenterology practice in 1995. Reyes sentenced Halprin to one year in jail and eight years of probation governed by a 1998 Colorado law regarding treatment for convicted sex offenders.

The 2002 conviction was the second time a local jury found Halprin guilty of the crime. He was first convicted in 1999, but later was granted a new trial on appeal.

In 2004, Halprin's probation was revoked because he refused to admit guilt during treatment - a condition of the 1998 law. Halprin was resentenced by Reyes to 30 months in prison. Halprin remained free from prison during his appeal.

The Colorado Court of Appeals ruled in October that the 1998 law that guided Reyes in sentencing Halprin did not apply because Halprin's offense occurred in 1995 and predated the law requiring an admission of guilt during treatment.

Jorgensen on Wednesday asked Reyes to close the book on the case by terminating Halprin's probation. Jorgensen said that since the case began, Halprin has served more than one year in jail and 49 months of probation in addition to completing more community service than the court ordered.

Jorgensen cited “the lengthy history of the case” as something he hoped the court would consider as a factor in determining Halprin's sentence.

“The fact is this case has been drawn out mostly through Mr. Halprin's appeals,” countered prosecutor Mark Zammuto of the Colorado Attorney General's office.

Zammuto said a sentence consistent with the probationary term initially granted in the case was in order, based on the Court of Appeals ruling.

Explaining the factors he had considered to determine the new sentence, Reyes cited case law that predates Halprin's offense and requires convicted sex offenders to admit their crimes during treatment.

The judge noted that during a recent presentence investigation by the probation department, Halprin again denied he had committed the offense.

“There's an incredible amount of trust a person puts in their physician, and you violated the trust of this victim by touching her in a totally inappropriate manner,” Reyes said. “I am very concerned about your inability to recognize what you did was wrong, and was a violation of her trust. And to this day, you still don't recognize this.”

Reyes said he found Halprin's accuser credible. Out of several women who had accused Halprin of similar actions, hers were the only allegations that resulted in a conviction. Reyes said the woman's motives for pursuing the case seemed pure, because she never sought monetary compensation from Halprin through a civil suit, and she did not hesitate to report the crime.

Halprin's victim declined to comment on Wednesday's sentencing hearing.

As a condition of probation, Halprin is barred from practicing medicine, Reyes said.

The judge said the Court of Appeals ruling was the only thing sparing Halprin from a prison term.

“That's why Mr. Halprin is not going to prison,” Reyes said, “because the Court of Appeals has directed me to impose the original sentence.”