A California prison inmate who was released by mistake in an identity mix-up is back in custody.

The state corrections department says Eric Rodriguez surrendered Tuesday to a California Highway Patrol officer who was checking for stolen vehicles near a family member's home in Fresno.

The 31-year-old Rodriguez came out of the home with his hands in the air.

He had arrived at Wasco State Prison northwest of Bakersfield on Friday to begin serving a five-year sentence for battery on a prisoner.

Corrections spokeswoman Cassandra Hockenson says Rodriguez was freed by mistake later that day because he has the same last name as another inmate, who was scheduled to be released on parole.

Hockenson says officials were aware of the mistake and are reviewing their release procedures.