Callejas

The only issue in this appeal is whether the constitutional ban on ex post facto laws prohibits imposing a parole revocation fine on a parolee who committed the underlying offense before the fine was enacted. We hold imposing the fine under these circumstances violates ex post facto principles. Accordingly we will modify the judgment by striking the revocation fine and affirm it in all other respects.

Facts and Proceedings Below

In 1993 Carlos Callejas was arrested for driving while having a blood-alcohol level of .20 or higher. In 1998 he pled nolo contendere to this charge. The trial court suspended imposition of sentence and placed Callejas on three years’ supervised probation. The terms of probation required Callejas to complete an 18-month alcohol rehabilitation program and attend Alcoholics Anonymous (AA) meetings a least five times per week. The trial court imposed a $200 restitution fine pursuant to Penal Code section 1202.4, subdivision (b).

In 1999 the trial court found Callejas violated the terms of his probation by failing to enroll in the alcohol rehabilitation program and attend the required number of AA meetings. The court revoked probation and sentenced…