A 35-year-old Hilo man was sentenced Thursday to five years in prison for forcing his way into a 23-year-old Hilo woman’s home on Oct. 9, 2015, and sexually assaulting her.
A 35-year-old Hilo man was sentenced Thursday to five years in prison for forcing his way into a 23-year-old Hilo woman’s home on Oct. 9, 2015, and sexually assaulting her.
In a deal with prosecutors, Sir Richard Lee Canionero pleaded no contest last month to second-degree burglary, a Class C felony punishable by up to five years in prison, and fourth-degree sexual assault, a misdemeanor that carries a possible one-year jail term.
The original charges included attempted first-degree sexual assault and kidnapping, Class A felonies that carry a possible 20-year prison term, and first-degree burglary, a Class B felony punishable by up to 10 years in prison.
Deputy Prosecutor Lucas Burns argued for consecutive sentences for the two charges, for a total of six years. Although Canionero had no prior felony convictions, Burns noted his lengthy criminal history.
“He does have 50 prior convictions for misdemeanor, petty misdemeanor and violation-level offenses,” Burns said. “The state would also like to note … that the victim at no time ever invited the defendant into her room or consented to the defendant entering her room or consented to his conduct. The defendant would not leave the victim alone … and the victim was not able to get out of the room at the time.
“… This was a very traumatic experience for the victim, and she did have to seek counseling due to the incident. ”
Canoiniero’s attorney, Deputy Public Defender Michael Ebesugawa, noted Canionero agreed to a prison term and argued for a five-year sentence. He said his client thought his encounter with the victim was consensual.
“There is no allegation or suggestion (Canionero) physically threatened or harmed the complainant in the commission of the offense,” Ebesugawa said
Ebesugawa also objected to the state’s argument that Canionero’s prior record — which includes domestic abuse, unlawful imprisonment, stalking, violating a protective order, terroristic threatening, trespassing and marijuana possession — should be considered by the judge as an aggravating factor in sentencing.
Canionero declined to make a statement before he was sentenced.
Hilo Circuit Judge Glenn Hara referred to the “underlying facts, which tend to have some elements of dispute as to what occurred,” and said he thinks the five-year prison term is “sufficient to deter you and others from acting in similar kinds of situations.”
Hara also ordered Canionero to register as a sex offender.
Canionero, who’s been in jail since his arrest in October, will receive credit for time served.
Email John Burnett at jburnett@hawaiitribune-herald.com.