McGirr

An information was filed on July 30, 1986, in the Stanislaus County Superior Court charging appellant with child concealment in violation of Penal Code section 277.

Appellant waived his right to a jury trial and submitted the matter on the basis of the preliminary hearing transcript. The trial court found appellant guilty of child concealment in violation of section 277.

At the sentencing hearing, imposition of sentence was suspended. Appellant was granted three years probation on the condition that he serve one hundred and three days in jail with credit for time served. Appellant filed a timely notice of appeal.

Facts

Appellant cohabitated with Ms. D. from 1983 until May of 1986. A daughter, Sabreena, was born to the couple on June 9, 1985. After the couple separated, the child remained with Ms. D. and appellant visited with the child on occasion. No formal or court-ordered custody or visitation arrangements were determined.

On Thursday, June 19, 1986, Ms. D. left Sabreena with appellant at the home of appellant’s mother in Escalón. It was agreed that Ms. D. would return for Sabreena on Sunday. However, the preceding Friday appellant telephoned Ms. D. and asked to…