Perp lands in prison for theft

LIHUE — An Anahola man was sentenced to concurrent five-year prison terms for theft and revocation of probation on Wednesday in 5th Circuit Court.

Jovi Ikaika Enrique, 24, was indicted in April for second-degree theft, credit card theft, and unauthorized possession of confidential personal information and marijuana possession on Jan. 24. The thefts exceeded $300 in value, making it a felony offense.

He pleaded no contest to a reduced charge of third-degree theft on Aug. 14.

Enrique was also re-sentenced to a five-year prison term after the felony probation he received for a second-degree theft conviction on April 16, 2008, was revoked following the new offenses. He had already received a fine and 15 days in jail for two subsequent contempt of court charges in 2009 and 2010.

“This defendant has a long pattern of committing thefts,” said County Prosecuting Attorney Justin Kollar. “Unfortunately, there is nothing left to do but separate him from the community until he is able to take control of his life and adjust his behavior.”

State Deputy Public Defender Stephanie Sato asked the court to reconsider the mandatory minimum sentence of one year and eight months. She said there are mitigating circumstances, including a difficult upbringing.

“This is a young man with a lot of potential,” Sato said. “He is amenable to programs and should not get more time in prison than is necessary.”

County Deputy Prosecuting Attorney John Murphy said the law is clear regarding mandatory minimums. He said the defendant’s circumstances do not appear to meet the criteria for the court to deviate from the guidelines.

“Let the parole board decide how much more time the defendant should serve after 20 months,” Murphy said.

Judge Kathleen Watanabe said the defendant’s circumstance did not meet the level of mitigating the sentence. She said the repeat offender status triggered the mandatory minimum, but said she would grant credit for time served.

Enrique has been held at the Kauai Community Correctional Center since Jan. 28.

Two other cases will be dismissed in accordance to the plea deal.

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