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Man fails in Drug Court, gets 5 years

August 30, 2012
The Maui News

WAILUKU - After being terminated from participating in Drug Court following a test indicating drug use, a Molokai man was sentenced Tuesday to a five-year prison term for an escape conviction.

Benjamin Albino, 43, had wanted another chance on probation so he could seek drug treatment on the Big Island, said his attorney, Jon Apo.

He said that despite the positive test that led to Albino's termination from the program last month, Albino had been in "substantial compliance" with the program of treatment and supervision. Of 203 tests, Albino tested positive for drug use three times, Apo said. He said Albino has not committed additional crimes.

He had been placed on probation for the second-degree escape charge in 2006.

Albino was facing revocation of his probation when he was admitted into the Drug Court in July 2009, said 2nd Circuit Judge Joseph Cardoza.

He said Albino's criminal history includes being sentenced to a five-year prison term in 1991 for second-degree burglary and second-degree assault charges and being sentenced to a 10-year prison term for first-degree burglary in 1996. Albino also has another escape conviction.

Cardoza said Albino's record reflected his difficulty staying clean and sober.

The judge recommended that Albino get back into treatment.

 
 

 

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