LIHUE — A Hanamaulu man was sentenced to nine months jail on Monday in 5th Circuit Court for a third-degree assault charge.
Jason Kekoa Padilla, 31, pleaded no contest to a misdemeanor third-degree assault charge on Nov. 28, 2012. The deal resulted in the dismissal of two other third-degree assault charges in another 2012 case, and charges of resisting arrest and first-degree terroristic threatening in a case filed in February.
The plea deal resulted in the dismissal of felony charges that could have brought a five-year prison term. Pleading no contest to a misdemeanor charge brings the possibility of a year in jail and a $10,000 fine.
Judge Kathleen Watanabe denied a defense motion to withdraw the no-contest plea at a June 26 hearing after defense attorney Rosa Flores said her client changed his mind.
Flores noted the pre-sentencing diagnostics report contained statements from the defendant that he might be in a better position if his lawyer would fight for him.
The statements brought a continuance of the sentencing hearing to allow Flores to determine if she would need to withdraw from the case.
The sentencing commenced and Watanabe sent Padilla to jail for nine months. He will get credit for any time already served.
A judge found Padilla not guilty of abuse and harassment charges in 2006.
He received probation for violating a protection order in 2009.
He received 15 days for abuse, criminal property damage charges in 2010.
Padilla was sentenced to 30 days jail in 2004 on a previous conviction for harassment and abuse of family or household member. He received 90 days jail and a five-year probation in 2005 for unauthorized entry and fourth-degree theft.