Wood

A jury convicted defendant J. Richard Wood of animal abuse. (Pen. Code, § 597, subd. (b); further undesignated statutory references are to the Penal Code.) Imposition of sentence was suspended and defendant was placed on probation for three years on the conditions, among others, that he serve 180 days of incarceration and forfeit the animal. Defendant appealed.

In the published portion of our opinion, we hold the trial court erred when it allowed an animal control officer to testify, over defendant’s Fourth and Fifth Amendment objections, that defendant refused the officer’s request to enter his property without a warrant. However, we conclude the error was harmless because the testimony would have been admissible to impeach defendant’s testimony that he lacked ownership and control of the property and the animal located thereon.

In the unpublished portion of our opinion, we reject defendant’s contentions that the jury instructions on animal cruelty and criminal negligence were incorrect, and that instructions on causation and mistake of fact should have been given sua sponte. We shall therefore affirm the judgment.

Facts

Prosecution case-in-chief

On December 1,…