PREVIOUS FELONY CONVICTION KEEPS MAN OUT OF DRUG TREATMENT

WAILUKU -- A judge ruled a new law requiring treatment instead of
incarceration for first-time drug offenders didn't apply to a man with a
previous robbery conviction, sentencing the defendant Thursday to a
five-year prison term.

But 2nd Circuit Judge Joseph Cardoza told Philip Acang he could still try to
get help for his drug addiction while he is in prison through the Maui Drug
Court.

Once he is within 14 months of the end of his minimum term, Acang could
apply to enter a Drug Court program for inmates. They begin their treatment
in jail and continue when they are paroled.

"It's not easy, but you need it," the judge told the 30-year-old Hana
resident.

Acang said he wanted drug treatment.

"I know I did wrong," he said. "I couldn't get myself to stop. I wish I had
a chance for probation."

Deputy Public Defender Wendy Hudson had argued for probation for Acang, who
pleaded no contest to four counts of third-degree promotion of a dangerous
drug and four counts of possessing drug paraphernalia.

The charges resulted from three incidents in September 2000, August 2001 and
January 2002 when police found Acang with methamphetamine, glass pipes,
plastic packets and other drug paraphernalia.

Because the drug convictions are the first for Acang, Hudson asked that he
be sentenced under Act 161, which mandates drug treatment and probation
instead of incarceration for first-time, nonviolent drug offenders.

But Deputy Prosecutor Kevin Jenkins said Acang didn't qualify because of his
previous felony conviction. Instead, Jenkins argued that Acang should be
sentenced to prison and be ordered to serve at least one year and eight
months of the term before being eligible for parole.

Jenkins said interpreting the new law too loosely would go against what
legislators intended, potentially allowing felons to avoid incarceration by
carrying drugs with them when they commit crimes.

"Too broad a reading leads to abuse of the statute," Jenkins said. "If we
take that to logical absurdity, we would be shielding felons who take the
precaution of having drugs in their pockets."

Cardoza said it was clear that Acang should be sentenced to prison as a
repeat offender, based on his 1992 conviction for second-degree robbery. He
was convicted of punching a pizza delivery man before running off with the
pizza box.

As both a repeat offender and someone convicted of methamphetamine
possession, Acang was ordered to serve at least one year and eight months
before being eligible for parole.