People v. Williams CA5

Filed 11/3/15 P. v. Williams CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F068995 Plaintiff and Respondent, (Super. Ct. No. BF151580A) v.

ERIC PAUL WILLIAMS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Thomas S. Clark, Judge. Michael L. Pinkerton, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Larenda R. Delaini, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P. J., Peña, J. and Smith, J.

INTRODUCTION Appellant Eric Paul Williams contends the trial court erred in denying his motion to dismiss a charge of escape from the electronic monitoring program based upon Kellett v. Superior Court (1966) 63 Cal.2d 822 (Kellett). We disagree with this contention and will affirm the judgment. He also contends the abstract of judgment must be amended to conform to the oral pronouncement of sentence. Williams is correct and we will direct the abstract be amended. FACTUAL AND PROCEDURAL SUMMARY Williams was convicted of possession of metal knuckles, a violation of Penal Code1 section 21810, a felony, in April 2013. Kern County has an Electronic Monitoring Program (EMP), which allows inmates to serve the remainder of their sentence on an ankle monitor. Inmates fill out an application and if they qualify for the program, they are allowed to be released on an ankle monitor. Inmates who qualify for EMP are given a rule book, which they must initial, sign, and date. Deputy Sheriff Joseph Gregory was assigned to the EMP. Williams was allowed into the EMP and signed the rule book. Every inmate released on EMP is given a copy of the rule book; told what their curfew is; told to not change addresses or phone numbers without notifying the EMP; and told not to remove the ankle monitor or tamper with it in any way. Williams was given a curfew and instructed he had to be home between 3:00 p.m. and 7:00 a.m. The EMP records showed Williams was to be residing at 400 White Lane, apartment 93; his phone number also was on file. On September 9, 2013, around 3:30 a.m., Kristin Forester made a call from the Kern County jail to Williams. During the telephone call, Williams told Forester, “my monitor is coming off right fucking now” and “that’s the only way I’m gonna fucking