Cline v. Superior Court

Opinion

BARRY-DEAL, J.

This petition challenges a trial court ruling denying petitioner’s motion to dismiss charges of kidnaping (Pen. Code, § 207), child stealing (Pen. Code, § 278), and child abuse (Pen. Code, § 273a, subd. (1)). At the time of the alleged acts, the only arguably valid custody order1 gave petitioner custody .of the child who is the alleged victim. Thus, neither the kidnaping nor the child stealing allegation can be sustained. As for the charge of child abuse, we have concluded that the testimony at the preliminary examination was sufficient to support the allegation. We issue…