Probation revoked for cigarette thief

A 240-day jail sentence was imposed Wednesday for a cigarette thief who failed to notify his probation officer that he moved from Washington to Arizona.

James Matlean, 22, admitted he moved to Arizona without informing his probation officer, but said he left for a job interview.

According to court documents, owners at the Lynden, Wash., motel Matlean used as an address said he never stayed there.

"All he had to do was check in to avoid being arrested," said prosecutor Tom Gregory. "We don't know where he's been or what he's done."

Attorney Tod Young pointed out that Matlean turned himself in after he learned there was a warrant for his arrest. He also said Matlean did not commit any new offenses.

Matlean was sentenced in April to two consecutive 120-day sentences for petty larceny after he admitted stealing four cartons of cigarettes from a Gardnerville convenience store, or acting as the lookout.

Justice Jim EnEarl suspended the sentence and placed Matlean on probation.

He was allowed to move to Washington, and he quit reporting to his probation officer in August.

Gregory said the charge wasn't the "most egregious" offense, but said Matlean had been given the privilege of probation and failed to comply.

He acknowledged Matlean turned himself in but said, "it took a warrant to get him in here."

Matlean said he moved to Arizona because he had a place to live and a possible job. He said he was destitute in Washington.

In imposing the sentence, EnEarl said Matlean had every opportunity to check in with his probation officer.

"All you had to do was call in and say, 'Hey, I'm headed down here,'" EnEarl said. "Given your track record, Mr. Gregory makes a good point. We tried to put you on probation and gave you an opportunity to find work."

EnEarl said he would not charge Matlean nearly $1,200 in extradition fees.