It's a process that normally takes at least a year and most likely longer.

Crandall had rejected a request for a new trial for Rodrigues, who has maintained through his lawyer that he is innocent of the charges.

But she also rejected the prosecution's request for a life term with parole. The judge essentially sentenced Rodrigues to the least amount of time she could under the law.

"She gave us some hope," said William Harrison, Rodrigues' lawyer.

But city Deputy Prosecutor Russell Uehara said he's disappointed and he's sure the victims feel the same.

To permit Rodrigues to remain free, Crandall found that despite his convictions, he does not pose a danger to the community. "To me, it does not make sense," Uehara said.

Harrison, who had passionately argued that his client did not commit the crime and is not a danger, applauded the decision to postpone the prison term. He called it "absolutely appropriate."

The hours-long hearing yesterday in Crandall's courtroom packed with Rodrigues' friends, relatives and supporters caps the tortuous and hotly contested controversial case. Rodrigues was found guilty by Crandall in March 2002 of the brazen daylight robbery of Dawn Sugihara and her mother Dianne in July 2000.

Both identified Rodrigues as the gunman, but Rodrigues' family members, including his mother and brother, testified he was at their Kailua home.

The sentencing was repeatedly delayed until Crandall filed her formal written ruling in December last year finding Rodrigues guilty. The sentencing was again delayed to give Harrison time to find evidence exonerating his client and later delayed again after Rodrigues, a member of the Hawai'i National Guard, was activated for duty to Iraq Aug. 16. He was later deactivated to clear the way for yesterday's sentencing.

In finding that Rodrigues can remain free, Crandall ruled that Rodrigues is a lifelong Hawai'i resident with strong family support and is not likely to flee. She said the issue of dangerousness was a "difficult question" in view of his conviction on "very serious offenses," but said Rodrigues does not pose a danger to the community.

She also found that the defense has raised issues that could result in a new trial or a reversal of the convictions.

Crandall earlier rejected Harrison's request for a new trial. Harrison had argued that he found evidence suggesting that a prison inmate named Kawika Crites-Burgess was the robber. He also cited a statement signed by police Lt. Hank Nobriga that said it was his "honest belief" that the investigation was not thorough enough to prove "Mr. Rodrigues' guilt or innocence beyond a reasonable doubt."

Nobriga testified yesterday that he may have missed those passages while reading the statement when he signed it and emphatically denied that he ever thought Rodrigues was innocent.

When contacted after the hearing, Crites-Burgess' lawyer, Myles Breiner, said the accusation against his client is false. "My client was not involved in this case," Breiner said.

In denying the request for a new trial, Crandall said Harrison's report from another prison inmate trying to link Crites-Burgess to the crime would not be admissible in court and was "vague."

Royce Kurihara, Rodrigues' brother, gave the most emotional testimony. He testified at the trial that his brother was at their Kailua home at the time of the Manoa robbery. Yesterday, he told Crandall that he was sitting next to his brother at the time.

"I know for a fact that he's absolutely innocent," he sobbed.

Others who maintained Rodrigues was innocent included his mother Antoinette Kurihara and his uncle, Honolulu lawyer James Mee. "We will not have closure until my son's name is cleared," said the mother, who testified as an alibi witness during the trial.

Mee said nothing in Rodrigues' upbringing suggests that he would commit such a crime. "The fact is this is a case of mistaken identity," he told Crandall.

Crandall asked Rodrigues if he had anything to say. "No, your honor," he said.

Asked why Rodrigues didn't want to address the court even just to say he's innocent, Harrison said the judge "already made her decision" that he was guilty.

He said his client plans to resign from the Hawai'i National Guard.

The lawyer suggested his client viewed yesterday's outcome with mixed feelings. "You've been told you committed an offense you didn't commit, but the fact that you don't have to go to jail is a relief to him," Harrison said.

Neither of the victims appeared at the sentencing. Uehara said the two "do not want anything to do with this defendant," even to the point of not asking for any restitution from him.

The two just want to "get on with their lives" and neither want to talk to the media, he said.

Uehara called the attempt to implicate another man as the robber "pure speculation."

The Manoa home invader is not out in the community, he said. "The real Manoa invader is Shaun Rodrigues," he told the judge.

Rodrigues still faces a pending charge that accuses him of trying to break into another Manoa home and threatening a man with a gun two days before the Sugihara robbery.

Uehara said he's not sure whether it will go to trial because the terroristic threatening charge carries only a five-year maximum prison term and Crandall will be the judge.

Even if he is convicted, Crandall would still allow him to remain free while he appeals that case, Uehara said.

"I don't think she'll make one decision in this present case and reverse herself in the future case," he said.

No trial date has been set on the terroristic threatening charge.