People v. Rushin CA3

BACKGROUND

In case No. 22FE012374, the jury found defendant guilty of cruelty to an animal. The jury also found true an allegation that the victim was particularly vulnerable. Following the trial, defendant pleaded no contest in case No. 20FE005337 to unlawfully possessing methamphetamine while armed with a loaded, operable firearm, and to taking and driving a vehicle without the owner’s consent. Defendant admitted a prior serious felony conviction. The trial court sentenced defendant in both cases, explaining its reasoning and sentence as follows: “All right. The Court has, as counsel knows, sat through the trial in this case. It was a very disturbing case, to say the least. While the pain and suffering inflicted upon [the dog] was not, I would say, a form of active abuse, it was severe neglect. And [defendant]’s conduct allowed the dog to suffer needlessly from neglect. “While I agree that the pendulum is swinging towards rehabilitation, it is clear from [defendant’s] record, as I pointed out earlier, that he has not taken the opportunity to attempt to rehabilitate himself notwithstanding the three prior prison terms he has served. “In imposing these midterm sentences the Court…