San Nicolas was ordered to report at the Department of Corrections on Oct. 1, 2011.
San Nicolas is expected to be released from prison on Oct. 31, 2011. He will be placed on three years’ probation.
In his written order of revocation of probation, Wiseman said the suspended sentence imposed on San Nicolas on Dec. 20, 2004 of one year for each of three counts of theft, all to run concurrently, “is hereby revoked.”
“After approximately seven years, defendant has not fulfilled nor made any significant effort in satisfying the said reimbursement, a fact found during the revocation hearing,” Wiseman stated.
Taking into consideration the history of this case, Wiseman said “the court finds that the interests of justice will be best served by imposing a portion of the suspended sentence in this matter.”
It was Wiseman who sentenced San Nicolas in 2004 that included restitution in the amount of $2,419.75.
San Nicolas also failed to make payments on the outstanding balance of his probation fee, according to court documents.
In his 2004 conviction, San Nicolas, then 29, was sentenced a total of three years’ imprisonment, all suspended except 13 days with credit for time served.
Wiseman ruled that time that “the court has reluctantly accepted this plea agreement due to a short jail sentence which the court, in most cases, finds that, standing alone, is inadequate to activate the deterrent factor.”
Wiseman said San Nicolas “is young and without any criminal record.”
The Attorney General’s Office charged San Nicolas in 2004 with eight counts of theft, and eight counts of theft by deception that victimized Pacific Trading Company Ltd. of its cigarette products.
