LIHU‘E — The passage of a new law helped send a repeat drug offender to treatment rather than jail. Harold Sembrano, 37, of Lihu‘e, was sentenced to five-year’s felony probation and one-year in prison Tuesday in 5th Circuit Court. His
LIHU‘E — The passage of a new law helped send a repeat drug offender to treatment rather than jail.
Harold Sembrano, 37, of Lihu‘e, was sentenced to five-year’s felony probation and one-year in prison Tuesday in 5th Circuit Court. His stay in jail will be brief once he is admitted to an in-residence drug rehabilitation program.
State Deputy Public Defender Stephanie Sato said the new state law was designed to address defendants like Sembrano.
It allows a Hawai‘i court to grant a sentence of probation on some second-time convictions for certain drug offenses.
Sembrano is an addict who completed rehabilitation but slipped up, Sato said. He needs help, she said.
Judge Kathleen Watanabe sentenced Sembrano to five years felony probation on April 26, 2007. He was convicted of third-degree possession of a dangerous drug in a plea deal.
He was arrested in April of this year for violating the terms of probation and it was revoked. He was re-sentenced on the original charge in a global plea deal along with new drug and assault charges.
At an April sentencing hearing, Sato’s request for a continuance was granted to await the outcome of State Legislative Bill HB2515. It was signed into law on June 21.
County Deputy Prosecuting Attorney John Murphy said that Sembrano was caught by Kaua‘i Police Department selling methamphetamine in two separate controlled-buy stings in 2006 and 2009.
He said the defendant may be eligible for probation but recommended a full prison term with a mandatory minimum time before he is eligible for parole.
Watanabe re-sentenced Sembrano to the five year probation one-year prison on Tuesday. She said he would be released to attend a six-month minimum residential rehabilitation program.
Upon successful or unsuccessful completion, the judge ordered Sembrano to report back to Kaua‘i Community Correctional Center to complete his term.
