WAILUKU — A defendant who was arrested for a series of crimes while on probation was sentenced Tuesday to five years in prison.

Wendell Ah Yee, 37, was arrested on six occasions for 46 new offenses, 2nd Circuit Judge Peter Cahill noted in imposing the sentence.

He said that because some of the offenses involved the same victim, there weren’t 46 victims of the crimes.

“It doesn’t make any difference if there’s 46 new victims or one new victim,” Cahill said. “They’re all victims.”

In three criminal cases, Ah Yee had pleaded no contest to unauthorized control of a propelled vehicle, three counts of credit card theft, second-degree resisting an order to stop a motor vehicle, fourth-degree theft, fourth-degree criminal property damage, driving without a license, two counts of first-degree unauthorized entry into a motor vehicle, two counts of unauthorized possession of personal confidential information, two counts of second-degree theft, two counts of third-degree theft and third-degree promoting of a dangerous drug.

The crimes occurred in 2017, according to court records.

Defense attorney Jon Apo said Ah Yee had relapsed into using drugs after becoming homeless. But family issues had been resolved so Ah Yee could return to stay at a house, Apo said. He said Ah Yee also had prospective work on Oahu.

Court records show Ah Yee had been released on supervision but didn’t show up for the original sentencing date.

Deputy Prosecutor Mike Kagami said a probation officer reported Ah Yee’s performance on supervision was “poor” because Ah Yee wasn’t checking in.

Ah Yee also didn’t participate in a report prepared for sentencing, Kagami said, in recommending a prison sentence.

Apo said he couldn’t say Ah Yee would be a great candidate for probation.

“The only thing that allows me to ask is that we’re under some crazy circumstances in the world right now,” Apo said, referring to the release of prisoners due to COVID-19 concerns.

He asked for Ah Yee “to be given an opportunity to essentially sink or swim” on probation.

Judge Cahill noted that Ah Yee graduated from the Maui Drug Court program of treatment and supervision in 2014 after spending about 30 months in the program.

“She definitely has the ability to do well and did well,” Cahill said.

But he said probation wasn’t always the best way to help defendants.

“I’m not sure that probation and that endless cycle of in, out, in, out is always beneficial,” Cahill said. “I’m not sure that is the answer anymore.”

He sentenced Ah Yee to concurrent five-year prison terms and ordered payment of $2,975 in restitution.

In a 2016 case, probation was revoked and Ah Yee was resentenced to five-year prison terms, to be served at the same time, for second-degree unauthorized entry into a dwelling and second-degree assault.

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.