State v. McDonald case brief
110 P.3d 149
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110 P.3d 149
CASE SYNOPSIS: Defendant
was convicted of 58 counts of class C cruelty to animals, a lesser
included offense of the class B counts for which she was charged. The
First District Court, Logan Department, Utah, imposed consecutive
sentences which totaled over 14 years, but it suspended all but two
days of the sentence and placed her on probation. Defendant appealed,
challenging the sufficiency of the evidence and her sentence.
FACTS: Defendant purportedly had the purpose of creating a "sanctuary" for stray cats. She left the cats in an enclosed trailer. Many of the cats had to be euthanized because of their condition. Defendant objected to two lines of testimony that were presented. First, she objected to the testimony of an animal services officer regarding a previous incident where he found her in possession of 53 cats. Second, she objected to various statements that, she alleged, suggested that she had stolen or otherwise improperly obtained the cats in her possession. However, the appellate court found that the main thrust of said testimony was to show proof of defendant's knowledge that such conduct was likely to result in sickness or injury to the cats that she was confining. Thus, that evidence was not overly prejudicial or inadmissible under Utah R. Evid. 404(b). Secondly, the evidence supported defendant's conviction under Utah Code Ann. § 76-9-301 (2003). However, the trial court erred when it sentenced her to over 14 years of probation for her misdemeanor offenses. The probationary term for a class C misdemeanor could not exceed 12 months pursuant to Utah Code Ann. § 77-18-1(10)(a)(1) (2003).
CONCLUSION: The trial court's probation order was terminated after 12 months, or no later than February 26, 2004. Defendant's convictions were affirmed in all other respects.
FACTS: Defendant purportedly had the purpose of creating a "sanctuary" for stray cats. She left the cats in an enclosed trailer. Many of the cats had to be euthanized because of their condition. Defendant objected to two lines of testimony that were presented. First, she objected to the testimony of an animal services officer regarding a previous incident where he found her in possession of 53 cats. Second, she objected to various statements that, she alleged, suggested that she had stolen or otherwise improperly obtained the cats in her possession. However, the appellate court found that the main thrust of said testimony was to show proof of defendant's knowledge that such conduct was likely to result in sickness or injury to the cats that she was confining. Thus, that evidence was not overly prejudicial or inadmissible under Utah R. Evid. 404(b). Secondly, the evidence supported defendant's conviction under Utah Code Ann. § 76-9-301 (2003). However, the trial court erred when it sentenced her to over 14 years of probation for her misdemeanor offenses. The probationary term for a class C misdemeanor could not exceed 12 months pursuant to Utah Code Ann. § 77-18-1(10)(a)(1) (2003).
CONCLUSION: The trial court's probation order was terminated after 12 months, or no later than February 26, 2004. Defendant's convictions were affirmed in all other respects.
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