The Feb. 10 murder of a deputy sheriff would never have happened if the accused killer had been sentenced in another pending criminal case, according to city Prosecutor Peter Carlisle, who will get a chance to make that argument in court this morning.

John K. Lorenzo Jr., charged in this month's killing of Deputy Sheriff Daniel Browne-Sanchez, will appear before Circuit Judge Karl Sakamoto for sentencing in a drug case first brought against him in 2005.

Last year, Lorenzo pleaded no contest to the drug charges, but Sakamoto, over the objections of prosecutors, delayed sentencing to allow Lorenzo time to complete a drug treatment program.

Carlisle said last week that Browne-Sanchez "clearly" would still be alive if the judge had granted the city's request for a 20-year prison sentence for Lorenzo as a "repeat" criminal offender.

In court papers filed last week, Carlisle asked that Sakamoto complete Lorenzo's "long overdue sentencing and sentence him to an extended term of imprisonment of 20 years."

Yesterday, Lorenzo, 32, entered a not-guilty plea to 13 new charges, including murder, attempted murder, kidnapping and firearms offenses. He allegedly entered the Osake Sushi Bar and Lounge on Kapi'olani Boulevard at 3 a.m. Feb. 10 armed with a silencer-equipped handgun and allegedly shot Browne-Sanchez to death during a failed robbery attempt.

Browne-Sanchez, 27, was off-duty from his sheriff's job and was working as a bartender's assistant at Osake.

Administrative Judge Derrick Chan assigned the new case to Sakamoto's court and set a preliminary trial date of April 23.

Lorenzo's lawyer in the murder case, Walter Rodby, said yesterday that assignment of the case to Sakamoto was "not surprising."

"It's standard procedure for a judge to be assigned a new case involving the same defendant," Rodby said.

"I think Mr. Lorenzo will receive a fair trial from Judge Sakamoto," he added.

Rodby previously pointed out that Lorenzo had no history of criminal violence and had been reportedly doing well in the outpatient drug treatment program he had been attending.

Lorenzo, also known as Patrick Lorenzo, is being held on $5 million bail.

Reach Jim Dooley at jdooley@honoluluadvertiser.com.