People v. Derner

Opinion

McCLOSKY, J.

Defendant, Peter Derner, appeals from a judgment of conviction entered after he pleaded no contest to three counts of child abduction in violation of a custody order. (Pen. Code, § 278.5.)

Contentions

Defendant contends that his “criminal prosecution was barred by Federal and State Constitutional provisions against double ‘jeopardy.’ [He] argues that the State did not have the right to try appellant in [this case].”

Facts

On November 13, 1981, defendant picked up his four-year-old daughter, Nichole, for his weekend visitation period pursuant to a family law court order which…