Supreme Court of California

In the context of the offense of maliciously depriving a lawful custodian of the right to custody of a child under Penal Code section 278.5, a defendant bears the burden of raising a reasonable doubt as to the existence of facts underlying a section 278.7(a) defense, which provides that section 278.5 does not apply to one who has a right to custody of the child and acts "with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm..."

Appellate Information

• Decided 11/20/2006
• Published 11/21/2006

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Victor S. Haltom, Sacramento, for Defendant and Appellant., Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Donald E. de Nicola, Deputy State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez, Ruth M. Saavedra, Janet Neeley, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.