State v. Hackett1/24/2005
Submitted December 1, 2004
AFFIRMED
This appeal presents the novel question of whether a probationer's probationary period may be tolled when he absconds from supervision. Appellant, Samuel Hackett, was sentenced to fifteen years suspended with five years of probation for second-degree burglary, and ten years suspended with five years probation for larceny. Hackett was twice brought before the court for probation violations, at which times he was found to be in violation of his probation conditions, and in both instances his probation was ordered tolled from the issuance of the warrant. On the third time Hackett was brought before the court for violating his probation, the trial court revoked Hackett's probation in full. Hackett appeals. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
On November 9, 1993, Hackett pled guilty to burglary and grand larceny and received concurrent sentences of fifteen and ten years respectively, suspended with five years probation. The probation order transferred Hackett's probation to Oregon and required Hackett to pay restitution.
On January 5, 1995, an arrest warrant was issued that charged Hackett with violating his probation by, among other things, failing to report to Oregon authorities, and absconding from supervision. Because Hackett could not be located, he was not served with this warrant until October 1, 1998. Thereafter, a probation citation was issued on October 16, 1998 charging Hackett with violation of his probation subsequent to the issuance of his January 5, 1995 warrant, for being sentenced to prison on January 13, 1995 for robbery in Oregon. Hackett appeared before the court for a hearing on February 5, 1999, at which time the trial court continued his probation and ordered the probationary period be tolled from the issuance of the warrant on January 5, 1995 until the hearing date, February 5, 1999.
On May 4, 1999, another arrest warrant was issued that charged Hackett with violating the terms of his probation by, among other things, failing to report, failing to pay restitution, and failing to notify his agent of his arrest for DUI, DUS, open container violation, violation of the seatbelt law, and child endangerment. On October 8, 2001, the trial court again continued Hackett's probation, but ordered Hackett to attend the restitution center and again ordered the probationary period be tolled from the issuance of the warrant on May 4, 1999 until the date of the order, October 8, 2001.
Hackett was admitted to the Spartanburg Restitution Center on November 6, 2001. On January 11, 2002, Hackett absconded from the center following an incident at the center after he was fired from his job that day. A warrant was issued on January 16, 2002 charging Hackett with violating his probation by, among other things, failing to complete the restitution center by absconding, failing to work diligently at a lawful occupation, and disrupting the facility and threatening conduct. Hackett was arrested in Georgia on July 8, 2002 and transported back to South Carolina on July 18, 2002, at which time he was served with the January 16, 2002 warrant. Thereafter, a probation citation was issued and served on September 19, 2002, charging Hackett with a probation violation for leaving the state without permission.
Hackett appeared at a probation revocation hearing on December 12, 2002 concerning the January 16, 2002 warrant and September 19, 2002 citation. At that hearing, Hackett argued the maximum period of probation is five years and his probationary term expired on November 8, 1998. He asserted the five-year period could not be interrupted unless his probation had been revoked and
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