WAILUKU - A Kihei man whose felony assault conviction was vacated by a state appeals court was given credit for one year he had already spent incarcerated when he was sentenced last week for a reduced charge.
Timothy Walsh, 25, pleaded no contest to third-degree assault, a misdemeanor.
Walsh had been sentenced to a five-year prison term after a 2nd Circuit Court jury found him guilty of second-degree assault of a man who suffered a broken jaw when he was punched outside Oceans Beach Bar and Grill in the early morning of May 31, 2008.
Walsh appealed his conviction from the January 2009 trial.
In May 2010, the state Intermediate Court of Appeals vacated the conviction and sent the case back for a new trial. The appeals court ruled that the defendant's rights were violated by a deputy prosecutor's remarks, during closing arguments to jurors, that Walsh was able to tailor his testimony because he was present while jurors were questioned during jury selection and while other witnesses testified.
After the prosecution appealed the ruling, the state Supreme Court upheld the appeals court decision.
As part of his sentence April 23, Walsh was ordered to pay the remainder of $1,137 in restitution. He has been free on parole from a prior theft conviction.