Corrected sentence means 10 years prison

LIHUE — A Kekaha man who began serving a five-year prison term earlier this month for robbery and terroristic threats had another five years tacked on with a corrected sentence on Wednesday in 5th Circuit Court.

Hapaki Mainaaupo, 20, was sentenced to five years in prison under the youth offender provision on April 19. A prosecutor motion was granted on Wednesday to recognize felony offenses that were committed as a juvenile and make the defendant not eligible for the youth offender status.

“We are pleased that everyone was able to work together and correct the record, and that this repeat offender will receive the sentence we requested,” said County Prosecuting Attorney Justin Kollar.

Judge Kathleen Watanabe said she has discussed the matter with the 5th Circuit’s Adult Client Probation Services about the pre-sentence diagnostic report for Mainaaupo. It did not include the juvenile record and its sentencing recommendation did not reflect those convictions.

Watanabe said at the initial sentencing the court did not grant probation for the defendant, but would give Mainaaupo a considerable break by sentencing him as a youthful offender.

Court-appointed defense attorney Manny Guererro said he did not ask for the youth offender status at the time of sentencing. He asked for probation and now wanted the court to grant a 90-day continuance to consider probation for the defendant rather than the open prison term.

County First Deputy Prosecuting Attorney Kevin Takata said that with the correction, the state would reassert its initial request for the full 10-year prison term. There was no mention of youth offender status in the change of plea, he added.

Rather than consider probation again on Wednesday, Watanabe said “it’s time to be accountable” to the defendant regarding the escalating convictions for violent offenses.

The court sentenced Mainaaupo to the 10-year term for a second-degree robbery charge, and to concurrent five-year terms for two terroristic threatening charges.

Mainaaupo has been held at Kauai Community Correctional Center since 2012. The Department of Corrections will determine his placement with the conclusion of eight charges in five cases, including robbery with a firearm, terroristic threatening, assault, assault of a police officer and disorderly conduct.


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