P. v. McIntee CA2/4
Defendant Richard McIntee took his two-year-old daughter, Z., from the arms of the babysitter her mother hired and drove her away in his van. For the next two weeks, defendant declined Z.’s mother’s entreaties to return Z. or disclose her whereabouts. Law enforcement officers tracked defendant to Riverside County and arrested him; his girlfriend led the officers to a converted garage, from which Z. was recovered unharmed.
Defendant was charged with kidnapping Z., depriving Z.’s mother of child custody, making criminal threats, endangering a child, and vandalism. During his jury trial, the court granted the prosecution’s motion to dismiss the child endangerment and vandalism charges as time-barred. The jury, which the court instructed with CALCRIM pattern instructions, convicted defendant of kidnapping Z. and depriving her mother of custody. It acquitted him of making criminal threats.
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