District Court Judge Mike Welborn was itching to sentence John Wesley Riehs to prison on Tuesday for continually thumbing his nose at the justice system.

But, ironically, the justice system was on Riehs’ side.

Texas law prohibits judges from sending someone to prison the first time they’ve been convicted of a state jail felony offense.

So Welborn had little choice but to sentence Riehs — pronounced Rees — to continue on community supervision.

“Would someone please go up there to Austin and wake up the Legislature to what is going on in the real world,” Welborn thundered to no one in particular.

Riehs, 44, of Victoria, was indicted in 2005 on a state jail felony charge of possession of methamphetamine. He was sentenced to three years deferred adjudication probation and fined $1,000 and ordered to pay restitution.

Under deferred adjudication probation, Riehs’ judgment would be deferred until after he completed his community supervision. If he successfully completed his probation, he would not judged and thus not have a criminal conviction on his record.

Riehs did not show up for court on his sentencing day and once he was sentenced he repeatedly failed to abide by the terms of his probation, according to court records.

Welborn noted that Riehs also repeatedly tested positive for methamphetamine use and failed to pay his fines and restitution on a timely manner as required under the conditions of his probation.

Riehs’ court-appointed attorney, Vickie Martino, noted that her client had “been clean” since last October.

She asked Judge Welborn to continue Riehs on community supervision.

The adult probation department, also fed up with Riehs’ failure to report and failure to stay off methamphetamines, recommended jail time.

District Attorney Martha Warner said Riehs was in desperate need of intensive drug and alcohol counseling and simply couldn’t be trusted to do it on his own.

She also thought he should be sent to prison. But if he was to continue on probation, Warner said she hoped Judge Johnson would sentence Riehs to “intensive supervision,” which included in-patient drug and alcohol counseling for up to one year.

“Meth is a terrible narcotic and he just continues to use it,” Warner said. “I’m worried he will harm himself or someone else in the community.”

Welborn didn’t appear too certain that rehab would help Riehs.

“Seven times he’s been in some kind of rehab and he’s still before the court saying he needs more treatment,” Welborn said during the brief hearing before his bench. “I don’t think Mr. Riehs needs any more treatment. I think he needs to be punished for the offense.”

Riehs pleaded true to allegations he violated his probation and Welborn convicted him of the original state jail felony offense of possession of methamphetamine.

However, Welborn was frustrated to learn he could not send Riehs to prison because state law forbids judges from sentencing offenders to prison on their first conviction of a state jail felony.

“The only reason he is not on his way to state jail today is because the law does not allow me to do so,” Welborn said.

He sentenced Riehs to two years community service and ordered him to pay all the fines, court courts and restitution he still owes.