Temple

This is an appeal from a judgment of conviction of violation of Penal Code section 270, a felony. Because of In re King, 3 Cal.3d 226 [ 90 Cal.Rptr. 15 , 474 P.2d 983 ], decided while this appeal was pending, we modify the judgment to one of conviction of a misdemeanor and remand the matter to the trial court for resentencing.

Stated in the light most favorable to the judgment, the record reveals the following. Appellant was divorced from Mrs. Jean Temple by an interlocutory decree entered September 6, 1962, and a final decree entered September 25, 1963. The interlocutory decree requires that appellant pay $100 per month for the support of each of three children, the issue of the marriage, and is incorporated in the final decree. The final judgment of divorce also states that appellant “shall pay to [Mrs. Temple] the sum of $350 per month for support of herself and the minor children of the parties effective upon the date on which [he] obtains employment.” Appellant is an architect and engineer. Prior to the divorce, he realized from $1,200 to $1,800 per month from his profession. While he was unemployed for a period during the pendency of the divorce proceedings, he was…