Rodriguez

*357 INTRODUCTION

Appellant/defendant Domingo Rodriguez III was released from custody with an ankle monitor pursuant to the Kern County Sheriff's Department's *358 Electronic Monitoring Program (EMP), subject to several terms and conditions, including that he could not leave Kern County without permission. The ankle monitor transmitted *297 signals to the EMP's computer tracking system via a Global Positioning Device (GPS).

The GPS signals showed that defendant repeatedly left Kern County and went to other counties and states without asking for or receiving permission from his supervising deputy or any deputy in the department's EMP office. When a deputy reached defendant by telephone, defendant said he was a long-haul truck driver, he drove to other areas as part of his job, and he falsely claimed he had received permission to leave Kern County from an unnamed deputy.

The EMP office issued an arrest warrant for defendant for violating the terms of his release by leaving Kern County without permission. After a jury trial, he was convicted of violating Penal Code section 4532, subdivision (b)(1) -that he willfully and unlawfully, while being a prisoner convicted of a felony,…