Ryan

Appellant was convicted following a jury trial of child abduction (Pen. Code, former § 278), and admitted that he suffered a prior violent or serious felony conviction for purposes of Penal Code section 667, subdivision (e). On appeal, he claims that the evidence does not establish his lack of the right of custody of the child as necessary to support the child abduction conviction, and objects to the trial court’s failure to give an instruction further defining the “right of custody” as an element of the offense. We find that the conviction is supported by substantial evidence. We further find that instructional error was committed, but no prejudice to appellant resulted. We therefore affirm the judgment.

Statement of Facts

Appellant and Carolyn Ryan were married on January 22, 1980. They remained married until Carolyn filed for divorce on June 29, 1995, but had an unconventional marital relationship. They lived together very infrequently between 1980 and 1991, sharing an apartment for only “about six months or so.” Otherwise, Carolyn lived “basically” with her mother in Oakland, and had “no idea” where appellant lived.

Carolyn became pregnant with her son Cleve in…