Andrew A. Rodriguez v. State

Andrew Rodriguez appeals his convictions for escape and tampering with an electronic monitoring device. We affirm, without discussion, Rodriguez’s tampering conviction, but we reverse his conviction for escape. Rodriguez’s failure to return from his one-day pretrial furlough did not constitute escape as defined in section 944.40, Florida Statutes (2014).

Rodriguez was a prisoner in the Volusia County Branch Jail awaiting trial on several criminal charges. On October 2, 2014, the trial court granted his request for a furlough to attend his daughter’s funeral. Several conditions were imposed as…