People v. Magana-Ortiz

Defendant was convicted, after bench trial, of aggravated battery and child abduction, as to her 2-year-old son. For a person to be guilty of child abduction, he or she must know that a valid order has been entered by the court, what that order holds, and what the terms are for compliance with the order. Evidence did not show that Defendant intentionally violated any terms of a valid court order; Defendant was not served with notice of order granting custody of child to child’s father, did not have knowledge that order had validly issued, and did not know its terms. Evidence was sufficient to prove Defendant guilty of aggravated battery of wife of child’s father; Defendant drove away while wife was clinging to side of vehicle, and ran over her leg. Both aggravated battery convictions derive from the same physical act, of making physical contact of an insulting or provoking nature, and thus one conviction is vacated. (O’BRIEN and WRIGHT, concurring.)