California Court of Appeal

In case involving the killing of a dog defendant had given to his ex-girlfriend in retalation for her breaking up with him, conviction and sentence for felony cruelty to an animal with finding of use of a deadly weapon are affirmed over claims that the trial court improperly imposed a deadly weapon use enhancement: 1) as defendant used the weapon (a knife) to kill a dog rather than a human being; and 2) since use of the knife is an element of the crime of animal cruelty as charged.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• EPSTEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David D. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.