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(DOWNLOAD) "People v. Cortez" by California Court of Appeals * eBook PDF Kindle ePub Free

People v. Cortez

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eBook details

  • Title: People v. Cortez
  • Author : California Court of Appeals
  • Release Date : January 01, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Appellant was convicted following a jury trial of child abduction (Pen. Code, § 278), and admitted that he suffered a prior violent or serious felony conviction for purposes of Penal Code section 667, subdivision (e). On appeal, he claims that the evidence does not establish his lack of the right of custody of the child as necessary to support the child abduction conviction, and objects to the trial courts failure to give an instruction further defining the "right of custody" as an element of the offense. We find that the conviction is supported by substantial evidence. We further find that instructional error was committed, but no prejudice to appellant resulted. We therefore affirm the judgment.


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