State v. Pesta

Sherlee Pesta appeals her conviction for first degree custodial interference in violation of RCW 9A.40.060. She claims that there was insufficient evidence to prove that "a court-ordered parenting plan” was in effect during the charging period. She also argues that the trial court erred by failing to give her proposed jury instruction defining "parenting plan” for purposes of the criminal statute to include all the terms of RCW 26.09.194(2). This latter statute concerns temporary parenting plans under domestic relations law.

We hold that there was sufficient evidence in the record to show the…