We granted David Garland Thompson’s application for discretionary review of the superior court’s order revoking his probation. Thompson argues that his probated sentence had already run when the state petitioned to revoke it. But Thompson had violated conditions of his probation. He has not shown that the court erred in finding that his sentence was tolled. Accordingly, we affirm. In April 2001, Thompson was convicted of possession of methamphetamine and sentenced to seven years’ confinement, six of which were to be served on probation. On October 29, 2002, the superior court issued a warrant for Thompson’s arrest for violating certain conditions of his probation, including the condition that he report to his probation supervisor. The warrant instructed the sheriff or another law enforcement official to “take the body” of Thompson, and to keep him until he may “be returned to this Court.” On February 28, 2003, a sheriff’s deputy signed the following statement of “non est inventus” on the back of the warrant: “The undersigned officer hereby certifies that a thorough and diligent search for the probationer listed in this warrant has been made at but not limited to places of abode, known places of frequencies, and others and that His/Her whereabouts are unknown and cannot be located.” On March 27, 2003, the trial court entered an order tolling the running of Thompson’s probated sentence. On the order was a probation officer’s signed but unsworn statement that the October 2002 warrant had not been served because Thompson could not be located.
In December 2010, Thompson was arrested for committing several new offenses, and on December 27, 2010, the state petitioned to revoke his probation. Although Thompson admitted to the state’s allegations that he violated the terms and conditions of his probation, including having failed to report to his probation officer since 2002, he opposed the state’s petition on the ground that his probated sentence should not have been tolled because the statutory requirements for tolling had not been met. Absent tolling, Thompson’s sentence would have run in 2008, before the state brought the revocation petition. The superior court, however, held that Thompson’s sentence had been tolled by the signed non est inventus statement on the October 2002 arrest warrant, which the court further held had been returned on the date the deputy sheriff signed it, February 28, 2003. Accordingly, the court revoked Thompson’s probation.
