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SAN FRANCISCO (CBS 5 / AP / BCN) ― A San Francisco woman whose dogs fatally mauled a neighbor six years ago could get more prison time, after the California Supreme Court on Thursday ordered a trial judge to consider convicting her of second-degree murder rather than involuntary manslaughter.

A jury had convicted Marjorie Knoller of second-degree murder, but the presiding judge tossed out that charge and convicted her of involuntary manslaughter. The judge ruled that Knoller wasn't aware that her two leashed Presa Canario dogs, each weighing more than 100 pounds, would escape her control and kill 33-year-old Diane Whipple in 2001.

But an appeals court reinstated the second-degree murder charge last year, saying that Knoller disregarded the known risk that the vicious dogs presented.

On Thursday, the unanimous state Supreme Court decision said the trial judge and the appeals court were both wrong and sent the case back down for reconsideration.

The high court said the trial judge "set the bar too high" in requiring that Knoller have a "high probability" of knowing the dogs were likely to kill. But the Supreme Court also said the appeals court "set the bar too low" in reinstating the conviction because Knoller should have known the dogs were at risk to cause "great bodily harm."

The California Attorney General's office, which took over prosecution of the case in the appeals court, said it will ask a San Francisco judge to reinstate the second-degree murder conviction. The original trial judge, James Warren, has since retired and the case will be reassigned.

"Her conduct was heinous and egregious and was one of the worst second-degree murders I have ever seen," said Deputy Attorney General Amy Haddix. "We are gratified and pleased that the new-trial ruling can be relitigated. We are very determined for the sake of the victims."

The 51-year old Knoller and her husband, Robert Noel, have been released from prison after each served half of their four-year manslaughter sentences and now live in Florida. If Knoller is convicted of second-degree murder, she faces an additional 15 years to life in prison.

The Supreme Court refused to hear the appeal of Noel's manslaughter conviction. Noel wasn't at home during the grisly attack that tore all of Whipple's clothes from her body and left her with 77 different bites, including fatal injuries to the neck.

The couple both of whom were attorneys at the time said they were keeping the dogs in their Pacific Heights district apartment on behalf of a state prisoner, who was a white supremacist. The two eventually adopted the prisoner as their son.

The attack occurred when Knoller was returning to her apartment after taking one of the dogs, Bane, for a walk on the roof of the building. After the mauling began, the second dog, Hera, joined Bane in the hallway.

Trial evidence showed that before the fatal mauling, there were about 30 incidents of the dogs being out of control or threatening humans and other dogs.

San Francisco District Attorney Kamala Harris, who filed the initial charges, said she was pleased with Thursday's high court decision.

"This is a great victory for the prosecution and the victims of a horrendous crime," Harris said. "We believe the defendant should be sentenced as originally mandated by the jury and will be fighting in court to make sure that happens."

Knoller's attorney Dennis Riordan is convinced a new look at the evidence will vindicate his client.

"Whatever they think of Marjorie Knoller's conduct, of how negligent it was, it's ridiculous to think that she walked out of that apartment saying, 'I'll probably kill somebody before I come back,' " Riordan said.

The case could come back to San Francisco Superior Court by the end of the summer.

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