People v. Taggart
People v. Taggart
Opinion of the Court
*736*610Appellant Moonshadow Naomi Taggart was convicted of felony escape ( Pen. Code, § 4532, subd. (b)(1) )
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, soon after, she was apprehended out-of-state and transported back to California without incident.
Taggart was then charged, in Kern County case No. BF162485A, with escape ( § 4532, subd. (b)(1) ), with the additional allegation that she suffered four prison priors (§ 667.5, subd. (b) ). The matter was tried to a jury. After the People rested, Taggart moved for acquittal based on insufficient evidence. The motion was denied.
*611Issues arose regarding the proper means of instructing the jury on the escape charge. The court rejected various proposed instructions and, following lengthy argument and discussion, charged the jury with CALCRIM No. 2760 as follows:
*737"The defendant is charged in Count One with escape in violation of Penal Code section 4532(b)(1).
"To prove that the defendant is guilty of this crime the People must prove that:
"1. The defendant was a prisoner who had been convicted of a felony;
"2. The defendant was in the lawful custody of an officer;
"3. The defendant escaped from the custody of the officer who had lawful custody of the defendant.
"Escape means the unlawful departure of a prisoner from the physical limits of her custody.
"A prisoner is in the lawful custody of an officer if the officer, acting under legal authority, physically restrains or confines the prisoner so that the prisoner is significantly deprived of her freedom of movement or the prisoner reasonably believes that she is significantly deprived of her freedom of movement."
The court also charged the jury with special instructions Nos. one and two as follows:
"Special Instruction Number One
"A person on Sheriff's parole qualifies as a 'prisoner' pursuant to [P]enal Code Section 4532(b)(1). The granting of parole does not change the parolee's status as a prisoner. The parolee merely serves the remainder of the sentence outside rather than within jail walls."
"Special Instruction Number Two
"A person released on Sheriff's Parole remains in the legal custody of the releasing agency."
The jury found Taggart guilty of escape. In bifurcated proceedings, the court found true all four prison priors. At sentencing, the court struck two of *612the prison priors in the interests of justice. The court sentenced Taggart to an aggregate term of seven years and eight months in state prison comprised of the following: in case No. BF162485A, the trial court sentenced Taggart to three years for the escape conviction and two years for the two prison priors; in case No. BF157341B, the court resentenced Taggart to eight months (one-third of the middle term) for possession of a stolen vehicle, and two years for the two prison priors alleged in that case, to be served consecutively to the sentence in case No. BF162485A. The court also resentenced Taggart in another case, No. BF153650A, to a four-year term, to be served concurrently.
This timely appeal followed.
DISCUSSION
Taggart challenges the sufficiency of the evidence to support her conviction for escape, arguing that section 4532, subdivision (b)(1) requires actual, rather than constructive, custody. Although framed as a challenge to the sufficiency of the evidence, resolution of this question depends primarily on our interpretation of section 4532. The scope of a statute is a question of law that we review de novo. ( People v. Gonzales (2018)
Our fundamental task in construing a statute is to ascertain and give effect to the intent of the Legislature. ( People v. Scott (2014)
Section 4532, subdivision (b)(1) provides:
"Every prisoner arrested and booked for, charged with, or convicted of a felony, and every person committed by order of the juvenile court, who is confined in any county or city jail, prison, industrial farm, or industrial road camp, is engaged on any county road or other county work, is in the lawful custody of any officer or *613person, or is confined pursuant to Section 4011.9, is a participant in a home detention program pursuant to Section 1203.016, 1203.017, or 1203.018 who escapes or attempts to escape from a county or city jail, prison, industrial farm, or industrial road camp or from the custody of the officer or person in charge of him or her while engaged in or going to or returning from the county work or from the custody of any officer or person in whose lawful custody he or she is, or from confinement pursuant to Section 4011.9, or from the place of confinement in a home detention program pursuant to Section 1203.016, is guilty of a felony and, if the escape or attempt to escape was not by force or violence, is punishable by imprisonment in the state prison for 16 months, two years, or three years, to be served consecutively, or in a county jail not exceeding one year."
The specific language argued to be applicable to Taggart is as follows: "Every prisoner ... convicted of a felony ... who ... is in the lawful custody of any officer or person, ... who escapes or attempts to escape from ... the custody of any officer or person in whose lawful custody he or she is ... is guilty of a felony...." ( § 4532, subd. (b)(1).) The terms "prisoner" and "lawful custody" have been judicially construed through a series of relevant cases, which we now review.
In In re Culver , our Supreme Court considered whether an individual who fled from an arresting officer immediately after his arrest committed an escape within the meaning of section 4532. ( In re Culver (1968)
In 1941, section 107 was reenacted as section 4532 of the Penal Code. ( Culver, supra, 69 Cal.2d at p. 902,
Our Supreme Court returned to the question of when an arrestee may become a "prisoner" for purposes of section 4532 in People v. Diaz (1978)
Some Courts of Appeal have considered whether and when a parolee or probationer may be considered a "prisoner" for purposes of section 4532. In People v. Armenta , an officer encountered a parolee at an immigration facility and suspected he had left his county of residency and the United States. ( People v. Armenta (1970)
"The situation would be different also had proof been made that defendant had left the state without permission. There was no such proof, nor any evidence other than the fact that defendant was at the border-crossing station in Calexico.
" Penal Code section 3059 is as follows: 'If any paroled prisoner shall leave the State without permission of the Adult Authority he shall be held as an escaped prisoner and arrested as such.'
"A proved violation of its provisions would have the effect automatically of making defendant an escaped prisoner. [Citation.] The case was not tried on that theory; and no sufficient evidence is presented to support it." ( Id. at p. 605,89 Cal.Rptr. 886 .)
People v. Cisneros involved a probationer who was arrested for a violation of probation, placed in holding, and taken to booking. ( People v. Cisneros (1986)
Finally, Nicholson involved a parolee who was subject to a warrant for violation of his parole. ( Nicholson, supra, 123 Cal.App.4th at pp. 826-827,
The Nicholson court went on to consider whether the parolee was in "lawful custody" at the time of his alleged escape. ( Nicholson, supra, 123 Cal.App.4th at p. 832,
" 'In custody' implies that a person 'is detained or kept in the charge or control of another, in some sort of restraint,' so that the person 'is not free to come and go' at will. [Citation.] Stated otherwise, ' "[C]ustody occurs if the suspect is physically deprived of his freedom of action in any significant way or is led to believe, as a reasonable person, that he is so deprived." [Citation.]' [Citation.]
*741Lawful custody is the imposition of such restraint or confinement under color or authority of law." (Ibid. )
The court concluded that the appellant was in lawful custody at the time he escaped, even though his arrest had not been completed, because "[b]y informing appellant that he was under arrest, ordering him to put his hands up against the wall, putting and holding him up against the wall, and grabbing his arm, [the officer] imposed sufficient restraint or confinement under color of law to constitute lawful custody." ( Ibid . ) Furthermore, the court concluded the appellant was in actual custody because "he was being restrained by the officers such that he was physically deprived of his freedom of action in a significant way...." ( Id. at pp. 832-833,
From the foregoing cases, we distill the following principles. Section 4532, subdivision (b)(1) applies to the conduct of a "prisoner." Individuals do not become prisoners within the meaning of the statute upon arrest, or even upon arrest following the filing of charges. ( Culver, supra, 69 Cal.2d at p. 905,
Regardless of whether Taggart may here be found to be a prisoner, section 4532, subdivision (b)(1) applies when a prisoner escapes from "lawful custody." ( § 4532, subd. (b)(1).) Nicholson explains that lawful custody implies detention or some other significant restraint or deprivation of physical freedom. ( Nicholson, supra,
The People urge us to disregard this definition and to conclude all custody, whether actual or constructive, constitutes "lawful custody" within the meaning of section 4532. However, this broad interpretation of "lawful custody" would render other provisions of section 4532 surplusage, a result we must avoid if possible. ( Hudec v. Superior Court (2015)
We also note that, unlike parole, all other forms of custody specifically identified in section 4532, subdivision (b)(1) as the basis for an escape conviction involve confinement within a specific facility or residence: a county or city jail or prison, an industrial farm or industrial road camp (§ 4133), a county road camp (§ 4212), a hospital (§ 4011.9), or the interior premises of the prisoner's own home (§ 1203.016, subd. (b)(1) ). ( § 4532, subd. (b)(1).) "[W]hen a particular class of things modifies general words, those general words are construed as applying only to things of the same nature or class as those enumerated. [Citation.] This canon of statutory *618construction, which in the law is known as ejusdem generis , ' "applies whether the specific words follow general words in a statute or vice versa. In either event, the general term or category is 'restricted to those things that are similar to those which are enumerated specifically.' " ' " ( People v. Arias (2008)
Applying this rule here, we conclude that Taggart's parole does not constitute "lawful custody" as that term is used in the statute. As described, the only physical limitation to Taggart's parole was that she remain within the county. She was not limited to a specific facility or residence. Nor was she "temporarily in custody outside the walls of a custodial facility," a circumstance the "lawful custody" provision was intended to address. ( Culver, supra, 69 Cal.2d at p. 901,
Significantly, the People do not cite, and we do not find, any case applying section 4532, subdivision (b)(1) to an escape from *743mere constructive custody.
We also reject the People's argument that section 4532, subdivision (b)(1) applies, by operation of section 3059,
Both section 3059 and section 3080 authorize law enforcement to arrest and hold a parolee who has exceeded the boundaries of his or her constructive custody. Nothing in the plain language of either statute suggests that a parolee who leaves the county may be deemed an "escaped prisoner" for any other purpose. The provisions are "aimed at keeping the parolee available to meet with the parole officer by subjecting him or her to arrest as an escapee." ( Fleming v. State of California (1995)
Significantly, the language of section 3059 has remained virtually unchanged since at least 1893, when it was included in an act establishing the Board of Parole Commissioners. (Stats. 1893, ch. CLIII, § 1, p. 183.) This original provision stated that a written order of the board "shall be a sufficient warrant" to authorize the return of a paroled prisoner to actual custody. (Ibid. ) However, "[i]f any prisoner so paroled shall leave the State without permission *744from said Board, he shall be held as an escaped prisoner, and arrested as such." (Ibid. ) The language of section 3080 similarly has remained virtually unchanged since at least 1909, when it was included in an act for the creation of a board of parole commissioners for each county that similarly provided the written order of that board "shall be a sufficient warrant" to return the prisoner to actual custody. (Stats. 1909, ch. 452, § 1, p. 783.) However, "[i]f any prisoner so paroled shall leave the county in which he was so imprisoned without permission from the board granting his parole, he shall be held as an escaped prisoner and arrested as such." (Ibid. ) *620In both instances, it appears the language was intended to permit arrest, without a warrant or revocation order, of a parolee who left the jurisdiction. In any event, we are certain the Legislature could not have intended either of these original provisions to permit a criminal prosecution for escape based solely on a parolee's departure from the jurisdiction. This is because, at the time these early provisions were enacted, the escape statutes applied only to escapes from prison. (See Culver, supra, 69 Cal.2d at p. 901,
We recognize that Armenta cited section 3059 in its discussion of section 4532 and stated, "A proved violation of [ section 3059 's] provisions would have the effect automatically of making defendant an escaped prisoner." ( Armenta, supra , 11 Cal.App.3d at p. 605,
Finally, we note that, like arrest, the character of parole and parole violations "may be fraught with uncertainty." ( Culver, supra, 69 Cal.2d at pp. 904-905,
*745In sum, we conclude that Taggart's departure from her county of residency while on sheriff's parole is insufficient to constitute an escape within the meaning of section 4532, subdivision (b)(1). Accordingly, the evidence is insufficient to sustain her conviction.
*621We note, however, that Taggart's conduct is not without consequences. As she concedes, departure from the confines of parole constitutes a parole violation for which a parolee may be punished. Based upon such violation, and upon order of the county Board of Parole Commissioners, Taggart may be "returned to the jail from which ... she was paroled and be confined therein for the unserved portion of ... her sentence." (§ 3081, subd. (b).) Additionally, in computing the unserved portion of her sentence, "no credit shall be granted for the time between ... her release from jail on parole and ... her return to jail because of the revocation of ... her parole." (§ 3081, subd. (d).) In Taggart's case, this would appear to involve additional confinement of approximately seven months.
DISPOSITION
The judgment is reversed. The matter is remanded to the trial court for further proceedings, to include resentencing in case Nos. BF157341B and BF153650A.
I CONCUR:
FRANSON, J.
LEVY, Acting P.J.
LEVY, Acting P.J.
I respectfully dissent from the majority's opinion and its conclusion that appellant's departure from her county of residency while on sheriff's parole is insufficient to constitute an escape within the meaning of Penal Code section 4532, subdivision (b)(1).
I. The relevant language in section 4532, subdivision (b)(1), applies to appellant.
Section 4532, subdivision (b)(1), reads in relevant part as follows: "Every prisoner ... convicted of a felony ... who ... is in the lawful custody of any officer or person, ... who escapes or attempts to escape from ... the custody of any officer or person in whose lawful custody he or she is ... is guilty of a felony ...."
"The rules governing statutory construction are well settled. We begin with the fundamental premise that the objective of statutory interpretation is to ascertain and effectuate legislative intent. [Citations.]" ( Burden v. Snowden (1992)
Here, the critical questions are whether appellant was a "prisoner" convicted of a felony and in the "lawful custody" of any officer or person when she left Kern County and the state without permission. It is undisputed that appellant was on parole following a felony conviction. (Maj. opn., ante , at p. 736.) As explained below, appellant was a prisoner and in the lawful custody of the Kern County Sheriff when she was on parole. Thus, section 4532, subdivision (b)(1), applied to her.
*746II. Appellant was a prisoner under section 4532, subdivision (b)(1).
The law is clear that a parolee remains a constructive prisoner under the control of correctional authorities. ( In re Smith (2008)
Section 4532 was enacted in 1941. (Stats. 1941, ch. 106, § 15, pp. 1124-1125.) In the years leading up to its enactment, our Supreme Court made it clear that a parolee remains a prisoner. ( In re Application of Taylor (1932)
When a statute uses terms that have been judicially construed, we are to presume "that the terms have been used in the precise and technical sense already placed upon them by the courts." ( People v. Nicholson, supra, 123 Cal.App.4th at p. 832,
Moreover, in considering a statute's language, we are to harmonize the terms appearing in the statute's entire scheme and related statutes. ( People v. Gonzalez (2017)
*7471941, ch. 106, § 15, p. 1113.) The statutory scheme and related statutes overwhelmingly indicate that the Legislature intended for parolees to remain prisoners for purposes of escape.
Based on our high court's opinions, both before the enactment of section 4532 and continuing thereafter, a parolee remains a prisoner. ( In re Smith, supra, 42 Cal.4th at p. 1270,
*624III. As a prisoner on parole, appellant was in the lawful custody of the Kern County Sheriff.
The term "custody" involves the control or restraint of another, such as when a person is deprived of his freedom in any significant way. ( People v. Drake (1912)
In 1933, prior to the enactment of section 4532, our Supreme Court noted that a prisoner on parole remains " 'under the legal custody and control of the state board of prison directors ....' " ( In re Application of Albori (1933)
Our high court has commented that a convicted felon released on parole "is subject to substantial restraints" on his or her liberty. ( People v. Nuckles (2013)
In this matter, the Kern County Sheriff exercised substantial control over appellant while she served her remaining jail term on parole. Her parole occurred under numerous specific terms and conditions. Her movements were limited, and she could not travel outside the county, let alone outside the state, without permission from the appropriate parole authority. In addition to travel restrictions, appellant had other limitations and obligations placed upon her. She could not associate with certain people; she could not drink liquor; she was subject to testing; she was obligated to report each month; she had to pay a monthly supervision fee; and she had to attend drug counseling. (Maj. opn., ante , at p. 736, fn. 2.)
*625Appellant accepted these parole terms in writing and she agreed to comply with all conditions contained in the parole agreement. When accepting these terms, appellant verbally told a parole board commissioner that she understood the rules before signing the order granting parole. She was verbally told, and she expressed understanding, that she could be charged with escape if she left the county without permission. It is undisputed that, while serving that parole term, she drove to Colorado without permission from the appropriate parole authority. After she was taken back into actual custody, appellant acknowledged that she could be charged with escape because she left the county without permission.
Although she was no longer confined in jail, appellant was not free while on parole, and she did not enjoy full constitutional protections. She was deprived of her freedom in significant ways. Thus, under the totality of the terms and conditions of her parole, and apart from a mere travel restriction, appellant was in the lawful custody of the Kern County Sheriff while she served her remaining sentence outside the jail walls.
The majority concludes that appellant was not in lawful custody because her parole involved only "minimal" physical constraint. (Maj. opn., ante , at p. 741.) The majority states that the "only physical limitation" on appellant's parole was her requirement to remain within the county. (Id. at p. 742.) According to the majority, "actual" or "significant" physical custody or constraint is necessary to find "lawful custody." (Id. at p. 744.)
The majority's approach attempts to rewrite the statute. The majority adds terms, such as "actual" or "significant" physical custody or constraint, to define lawful custody. Not only is this approach incorrect, it is unnecessary because the term "lawful custody" is unambiguous. I decline to add to or alter these words to accomplish a purpose that does not appear on the face of the statute or from its legislative history. Instead, we are to give effect to a statute's plain meaning. ( Burden v. Snowden, supra, 2 Cal.4th at p. 562,
Moreover, in focusing on the travel restriction, the majority fails to account for the numerous other ways the Kern County Sheriff exercised control and confinement over appellant. The entire terms and conditions of her parole limited her actions and imposed obligations on her. Indeed, our Supreme Court has noted that a convicted felon released on parole "is subject to substantial restraints" on his or her liberty. ( People v. Nuckles, supra, 56 Cal.4th at p. 609,
The majority contends that a "broad interpretation" of lawful custody would render other provisions of section 4532 surplusage. For example, according to the majority, it would have been unnecessary for the Legislature to specify that a prisoner could escape from a hospital or home detention if lawful custody encompassed "all forms of custody." (Maj. opn., ante , at p. 741.) In addition, the majority argues that, because section 4532, subdivision (b)(1), lists specific penal facilities, the term "lawful custody" cannot apply to parolees. The majority claims that appellant's parole is "dissimilar" from the "classes of custody" enumerated in the statute. (Maj. opn., ante , at p. 742.) These contentions are unpersuasive.
In In re Culver (1968)
Further, Culver makes clear that, despite the majority's assertion to the contrary, appellant's parole was not dissimilar from the custody enumerated in section 4532, subdivision (b)(1). Instead, section 4532 was intended to apply to "all custody" outside the walls of the named custodial institutions, such as jail. ( Culver, supra, 69 Cal.2d at p. 902,
*627People v. Denne, supra 141 Cal.App.2d at p. 507,
*750Finally, aside from the statute's plain language, the statutory scheme indicates that the term "lawful custody" applies to prisoners on parole. Under section 4534, which appears under the same escape article as section 4532, subdivision (b)(1), it is a crime for any person to assist a prisoner to escape or attempt to escape, including "any paroled prisoner whose parole has been revoked," or "any person in the lawful custody of any officer or person, ..." (§ 4534; Stats. 1941, ch. 106, § 15, p. 1125.) A reasonable interpretation of section 4534 establishes that a paroled prisoner, whose parole has not been revoked, qualifies as a person in the lawful custody of an officer. Such a reading harmonizes the terms appearing in the entire scheme and related statutes, a goal we are to achieve when considering a statute's language. ( People v. Gonzalez,
In conclusion, it is undisputed that appellant was placed on sheriff's parole when she was released from the confines of jail to complete her sentence. As such, she was in the lawful custody of the Kern County Sheriff. She left the county, and indeed the state, without permission. A retake/arrest warrant was issued for her and she was apprehended in Colorado. Based on these facts, it appears beyond question that appellant was a prisoner who escaped her lawful custody. Thus, the plain language of section 4532, subdivision (b)(1), applies to her. Accordingly, I would affirm the judgment.
Unless otherwise noted, all further statutory references are to the Penal Code.
Section 3081, subdivision (b) permits county boards of parole commissioners to release to parole prisoners sentenced within their counties "upon those conditions and under those rules and regulations as may seem fit and proper for his or her rehabilitation." (§ 3081, subd. (b); see § 3077.) No party refers us to rules or regulations governing the Kern County sheriff's parole program, and the program's terms are not in the record.
A heavily redacted order granting Taggart's parole was admitted into evidence. The unredacted portions of the order provide only that Taggart was subject to unspecified rules and regulations of the Board of Parole Commissioners, was not to leave the county without the Board's permission, was to pay a monthly supervision fee, and was to attend outpatient drug counseling. During argument on motions in limine, Taggart's counsel described the redacted portions of the order as including conditions regarding "seeking employment, shall not loiter, or consort with lewd or disorderly people, shall not drink liquor, shall not commit unlawful acts contrary to good morals, would lose good work time, must keep employer informed as to their whereabouts, prisoner is ordered to report each month and shall be subject to testing...."
The Legislature has also criminalized the offense of escape in at least three other code sections, all of which also involve specified facilities. (People v. Rackley (1995)
Presumably, Taggart is not the first parolee to have violated the terms of her parole by leaving her county of residency without permission from the parole board. It is therefore somewhat revealing that no published opinion addresses the applicability of section 4532, subdivision (b)(1) to these circumstances. Moreover, at oral argument, the Supervising Deputy Attorney General appearing on behalf of the People stated he was unaware of any prosecutions in the State of California brought under this statute and involving these circumstances.
"If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an escaped prisoner and arrested as such." (§ 3059.)
All future statutory references are to the Penal Code unless otherwise noted.
In its entirety, section 4534 reads as follows: "Any person who willfully assists any paroled prisoner whose parole has been revoked, any escapee, any prisoner confined in any prison or jail, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or custody, is punishable as provided in Section 4533."
In its entirety, section 3059 reads as follows: "If any paroled prisoner shall leave the state without permission of his or her supervising parole agency, he or she shall be held as an escaped prisoner and arrested as such."
It is important to note that, when the Legislature reenacted section 107 in 1941 as section 4532, it left escapes from institutions other than prisons (e.g., reformatories, county hospitals) in section 107. (Culver, supra, 69 Cal.2d at p. 903,
In Culver , the Supreme Court stated that the lawful custody language applied to prisoners "who might be temporarily in custody outside the walls of a custodial facility, ...." (Culver, supra, 69 Cal.2d at p. 901,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.