Taggart

*736 *610 Appellant Moonshadow Naomi Taggart was convicted of felony escape ( Pen. Code, § 4532, subd. (b)(1) ) 1 for leaving Kern County without permission while she was on "sheriff's parole." She challenges the sufficiency of the evidence to support her conviction, arguing her conduct did not constitute an escape within the meaning of the statute. We agree and conclude the conviction must be reversed.

FACTUAL AND PROCEDURAL BACKGROUND

The material facts are undisputed. In December 2014, in Kern County case No. BF157341B, Taggart entered a plea to buying or receiving a stolen vehicle (§ 496d, subd. (a) ), and admitted two prison priors (§ 667.5, subd. (b) ). Taggart was sentenced to two years in county jail pursuant to section 1170, subdivision (h), with a scheduled release date of October 30, 2015. However, in early April 2015, Taggart was released to an alternative custody program colloquially referred to as "sheriff's parole."

As a term of her parole, Taggart was ordered not to leave Kern County without permission of the county Board of Parole Commissioners. At no time did she have such permission. On June 26, 2015, a "retake/arrest" warrant was issued for her arrest and,…