LIHU‘E — A Kapa‘a man was granted a deferral to a sentencing on drug charges Wednesday in 5th Circuit Court.
David N. Vitt, 33, was granted the deferment in part because of an otherwise clean record. He had entered a no-contest plea on Nov. 30 to multiple felony drug possession charges.
Judge Katherine N. A. Watanabe said it is rare when the prosecution concurs with a defense motion for a deferred acceptance.
State Deputy Public Defender Stephanie Sato said Vitt has been cooperative and responsible. He has done so while facing many health issues, she said.
Vitt apologized to the court and said he would offer no excuses. County Second Deputy Prosecuting Attorney John Murphy stood in for Samuel Jajich. He said the state recommends the deferment and to suspend any jail time subject to the terms of probation outlined in the plea agreement.
Watanabe told Vitt he could avoid a lengthy prison terms if he completes a successful probation period. She ordered Vitt to pay for an addiction assessment, and said an offense could result in jail under probation, or if revoked, he could be re-sentenced up to 20 years for the two felonies.