Derner

Defendant, Peter Derner, appeals from a judgment of conviction entered after he pleaded no contest to three counts of child abduction in violation of a custody order. (Pen. Code, § 278.5.)

Contentions

Defendant contends that his “criminal prosecution was barred by Federal and State Constitutional provisions against double ‘jeopardy.’ [He] argues that the State did not have the right to try appellant in [this case].”

Facts

On November 13, 1981, defendant picked up his four-year-old daughter, Nichole, for his weekend visitation period pursuant to a family law court order which awarded physical custody of the child to defendant’s ex-spouse. Defendant did not return the child to the custody of her mother after his period of visitation expired.

On January 16, 1985, the child was returned to her mother with the assistance of the Missouri law enforcement agencies. Defendant voluntarily returned to California and surrendered.

On March 1, 1985, defendant appeared before the family law court on an order to show cause re contempt filed by defendant’s ex-spouse in November 1981 based on his failure to comply with the custody order and return his daughter to her…