Jo

*1134 Following a jury trial, defendant Nan Hui Jo was convicted of child custody deprivation ( Pen. Code, § 278.5, subd. (a) ) and sentenced to 175 days in county jail and thirty-six months probation. 1 On appeal, defendant contends: (1) the trial court improperly instructed the jury on the union of act and criminal intent, (2) the trial court improperly instructed the jury on section 278.7, which provides an affirmative defense to child custody deprivation, over defendant's objection, (3) the trial court failed to properly respond to the jury's questions regarding the relationship between sections 278.5 and 278.7, (4) the *89 trial court improperly refused to give a pinpoint instruction explaining that section 278.7 represents one of many possible defenses to child custody deprivation under section 278.5, (5) the trial court improperly allowed a former prosecutor to testify as to section 278.7's requirements, (6) the prosecutor committed misconduct by misstating the applicable law, (7) the trial court failed to force an election or require unanimity in response to one of the jury's questions, (8) the trial court improperly dismissed one of the jurors during deliberations, and…