Metcalf
Metcalf v. Municipal Court
Opinion
Opinion
Roth, J.
On May 6, 1980, a misdemeanor criminal complaint was filed against appellant, count I of which alleged he had “.. . committed the crime of violation of section 270 of the Penal Code in that between the dates of August 25, 1979 and December 24, 1979, in Ventura County, California, being the father of Tiffany Metcalf, born December 20, 1966; he did willfully and without lawful excuse omit to furnish said minor child[ren] [szc] with necessary food, clothing, shelter, medical attendance or other remedial care.”
Count II of the complaint further alleged appellant had "... committed the crime of violation of section 166.4 of the Penal Code in that between the dates of August 25, 1979 and December 24, 1979 in Ventura County, California, he was willfully disobedient to an order lawfully issued by the Superior Court of Ventura County, State of California, a copy of which is attached hereto as exhibit A and incorporated by reference herein, in that he did not pay the child support ordered therein.”
The document referred to in the complaint as exhibit A consisted of a “Default Judgment By Court” dated October 2, 1973, whereunder appellant was ordered to pay $190 per month in child…