Probation doesn't toll when the motion to revoke probation is never heard on the merits and is dismissed
State v. Banares (ICA October 16, 2023) Background. Joven Joseph Banares was charged with promoting a dangerous drug in the third degree, pleaded no contest, and was sentenced to four years of probation. Probation started in May 2016. A little more than a year into his probationary term, the prosecution filed a motion to revoke probation and to resentence him to imprisonment based on alleged violations of the terms and conditions of probation. To bring Banares into court, the court issued a warrant for his arrest on February 7, 2017. The warrant was not served until January 17, 2022. Banares moved to dismiss on the grounds that the delay in serving the warrant violated Hawai'i Rules of Penal Procedure Rule 9. Banares also argued that upon dismissal, his time on probation would have run because it has not been tolled. The prosecution agreed that there was no effort to serve the warrant and agreed that there was a Rule 9 violation. It did object to tolling the time. The ci