People v. Wiese CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant Ronald Wiese has a lengthy criminal history resulting from a three-

decade-long addiction to controlled substances. In each of the three cases on appeal,

Wiese entered a guilty plea and was convicted of procuring or possessing drugs, and a

sentence was imposed and its execution was suspended pending Wiese's successful

completion of probation, which included drug treatment. When Wiese failed, his

probation was revoked and he was sentenced to the executed six-year prison term but, as

relevant here, the court increased the amount of restitution fines previously imposed and

imposed a mandatory drug program fee (in case No. SCD245844), which the court had

declined to impose when sentence was pronounced.

All statutory references are to the Penal Code unless otherwise indicated.

2 Wiese argues the court erred when it imposed the executed sentence but increased

the restitution fines and imposed the drug program fee. We agree for the reasons we will

discuss; however we first set forth the relevant facts2 and procedural history of each case

appealed for context.

A. Case No. SCD243786

On October 22, 2012, Wiese…