Thomason

The issue of defendant’s guilt was submitted to the trial court on the testimony taken at the preliminary hearing and a videotape received in evidence. It found defendant guilty of three felony counts of cruelty to animals (mice, rats, newborn mice) in violation of Penal Code section 597, subdivision (a). He appeals from the judgment. We affirm.

Statement of Facts

On information from a Ventura County District Attorney investigator who had learned, through a chat room and subsequent conversation with defendant, that he had produced a “crush video” depicting rats, mice and baby mice (“pinkies”) being crushed and killed by a female under heel of her shoe, Officer William Le Baron and other officers conducted a search of defendant’s apartment for any evidence of his production and distribution of videos. Officer Le Baron found 30 or 40 videos in defendant’s closet, then asked defendant for the crush video he had filmed with codefendant Diane Aileen Chaffin. Defendant told the officer the videotape was with the others and labeled “Diane.” Officer Le Baron found two “Diane” videotapes which, defendant stated, had been filmed at the home of Chaffin’s parents. Other items…