LIHU‘E — Drug and burglary charges did not give the court much discretion in the re-sentencing of a Kaneohe man Thursday in 5th Circuit Court. Kelly Ray Yadao, 40, of Kaneohe, was arrested May 3 for second-degree methamphetamine trafficking and
LIHU‘E — Drug and burglary charges did not give the court much discretion in the re-sentencing of a Kaneohe man Thursday in 5th Circuit Court.
Kelly Ray Yadao, 40, of Kaneohe, was arrested May 3 for second-degree methamphetamine trafficking and drug paraphernalia. A burglary charge also came as a probation violation on a previous conviction.
Chief Judge Randal Valenciano said it was unfortunate that Yadao could not successfully comply with probation and Drug Court. He said that after a 2007 conviction, Yadao had his probation revoked in 2010 for another conviction, and was admitted to Drug Court, but failed and had another revocation with this most recent offense.
Given the lack of compliance, the judge said the court would order Yadao into the custody of the Department of Public Safety for a period of five years with credit for time served.
State Deputy Public Defender Christian Enright said that given the failures, the defense could only ask that the court grant credit for time already served.
County Second Prosecuting Attorney Samuel Jajich said the state had no option but to recommend the open prison sentence.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.