State v. Boss

Dwyer, A.C.J.

¶1 Cynthia Boss appeals from the judgment entered on a jury’s verdict finding her guilty of custodial interference in the first degree. She contends that the trial court erred by omitting two essential elements of the offense from the “to convict” instruction given to the jury: (1) the validity of a court order giving Child Protective Services (CPS) custody of her daughter, O.J.B.-P., and (2) her knowledge of the custody order’s validity. We hold that the trial court properly determined the custody order’s validity as part of its “gate-keeping” function, rather than submitting…