Andrew A. Rodriguez v. State
224 So. 3d 811
Fla. Dist. Ct. App.2017Background
- Andrew Rodriguez was a pretrial detainee at Volusia County Branch Jail granted a 24-hour court-ordered furlough to attend his daughter’s funeral.
- Conditions of the furlough required Rodriguez to wear a GPS ankle monitor, submit a urine sample on return, abstain from drugs/alcohol, and return to jail within 24 hours.
- Rodriguez removed the GPS device the day after release and did not timely return; he was arrested two days later after attempting to flee officers.
- He was charged with escape (under §944.40) and tampering with an electronic monitoring device; the tampering conviction was affirmed without discussion.
- Trial court denied motions to dismiss and for judgment of acquittal on the escape count; jury convicted and imposed consecutive five-year sentences.
- The Fifth District reversed the escape conviction, holding Rodriguez’s failure to return from a court-ordered pretrial furlough did not constitute escape under §944.40.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rodriguez) | Held |
|---|---|---|---|
| Whether failing to return from a court-ordered pretrial furlough constitutes an "escape" under §944.40 | Confinement extends to the limits imposed by the court (GPS, specific locations, 24-hour limit); removing monitor and leaving the permitted area is escape | A pretrial detainee released by court order is not "confined" for §944.40 purposes; failure to appear is not escape but a different offense | Reversed: pretrial furlough noncompliance is not escape under §944.40; remand to vacate conviction |
| Whether electronic-monitor tampering conviction should be disturbed | State: device was removed intentionally, supporting tampering conviction | Rodriguez: (not argued here as outcome affirmed) | Affirmed (no discussion) |
Key Cases Cited
- Pumphrey v. State, 527 So. 2d 1382 (Fla. 1988) (Florida Supreme Court: pretrial detainee’s failure to return from furlough is not escape under §944.40)
- Johnson v. State, 357 So. 2d 203 (Fla. 1st DCA 1978) (extended-confinement theory applied where arrestee in lawful custody escaped from hospital)
- Baker v. State, 636 So. 2d 1342 (Fla. 1994) (courts must respect legislative role in defining criminal conduct)