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CLINE v. SUPERIOR COURT

Docket No. A016580.

135 Cal.App.3d 943 (1982)

185 Cal. Rptr. 787

WILLIAM RUSSELL CLINE, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

September 17, 1982.

Attorney(s) appearing for the Case

COUNSEL

James R. Jenner, Public Defender, and Louisa Havstad, Assistant Public Defender, for Petitioner.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Ronald E. Niver, Thomas A. Brady and Gloria F. DeHart, Deputy Attorneys General, for Real Party in Interest.

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...

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