People v. Gerchberg

Opinion

KINGSLEY, J.

Defendant was convicted of a violation of section 278.5 of the Penal Code. He has appealed; we reverse.

On or about May 11, 1976, defendant and Susan were married and living in New York. Susan procured a divorce from defendant, in a New York court, under the terms of which, defendant had visitation rights to the three minor children of the parties. Susan, with the children, moved to California. At defendant’s request, contained in a letter to her, Susan caused the children to be sent to defendant in New York, at his expense. They arrived there on July 1, 1976. Sometime…