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PEOPLE v. GERCHBERG

Docket No. 39992.

131 Cal.App.3d 618 (1982)

181 Cal. Rptr. 505

THE PEOPLE, Plaintiff and Respondent, v. SETH M. GERCHBERG, Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

March 24, 1982.

Attorney(s) appearing for the Case

COUNSEL

Covey & Covey and Robert R. Lee for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Norman H. Sokolow and Howard J. Schwab, Deputy Attorneys General, for Plaintiff and Respondent.

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.

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