WAILUKU — Mickey A. Maddox, who was serving a 20-year extended prison term for stabbing another man more than five years ago, had his sentence reduced to five years yesterday after the Hawaii Intermediate Court of Appeals ruled that there was insufficient evidence to prove the most serious charge he was convicted of at his 2005 trial.

The higher court said the 2nd Circuit Court also erred in imposing an extended term of imprisonment and in the manner of ordering the payment of restitution. It sent the case back to 2nd Circuit Court for resentencing, which occurred yesterday morning.

Second Circuit Judge Shackley Raffetto resentenced Maddox to the five-year term for the lesser included offense of second-degree assault, reduced from the original charge of first-degree assault. A first-degree assault charge carries a penalty of up to 10 years in prison, compared with the maximum five-year term for second-degree assault.

An extended term wasn't ordered yesterday for Maddox, 46, who was given credit for time he has already served. He has been incarcerated at the Halawa Correctional Facility on Oahu.

Raffetto also ordered Maddox to pay $13,972 in restitution, with both parties agreeing to the order. The amount was the same as the last time he was sentenced.

"I think he is very satisfied with the outcome," said defense attorney Cary Virtue afterward. "We appreciate the court sentencing him today."

Attorney Matthew S. Kohm handled Maddox's appeal.

Virtue said Maddox has already served the five years for the assault case but couldn't comment further, as Maddox has a pending case in another courtroom. Court records show Maddox was indicted in 2007 for second-degree escape and first-degree possession of prison contraband.

In 2005, Maddox was convicted of first-degree assault and sentenced to an extended term of 20 years in prison and a mandatory minimum term of three years and four months. He was also sentenced to 30 days in jail on a second-degree criminal trespassing conviction.

The charges stemmed from an incident on March 5, 2004, around 11 p.m. when Maddox went to the residence of his ex-girlfriend, Jane Barton, on Kekolu Street in Makawao. A fight broke out between Maddox and Barton's new boyfriend, Dale Mota. Maddox stabbed Mota in the chest with a knife blade of a utility tool. The blade penetrated very close to Mota's heart but missed the heart as well as other important organs and vessels. Each man accused the other of being the initial aggressor, and Maddox claimed self-defense, according to court records.

Maddox was indicted on first-degree assault and first-degree burglary charges. A 2nd Circuit jury found him guilty as charged of first-degree assault and guilty of the lesser included offense of second-degree criminal trespassing.

In the appeal, Maddox argued that there was insufficient evidence to prove Mota's injury "created a substantial risk of death," which was the proof necessary to establish that Mota suffered "serious bodily injury" as required for a first-degree assault charge.

In discussing its decision, the court said the question raised in the appeal was whether a substantial risk of death was created by a stabbing injury that is caused by a knife blade that penetrates close to vital internal organs and vessels but misses without harming them, so that the injury quickly resolves itself without the need for significant treatment.

"We conclude that such an injury does not create a substantial risk of death," Associate Judge Craig Nakamura wrote.

But the Hawaii Intermediate Court of Appeals felt there was "ample" evidence to prove Maddox committed the lesser included offense of second-degree assault, ordering that he be resentenced on that charge.