Speegle

People v. Speegle

Good Law
1997 Cal. App. LEXIS 258·53 Cal. App. 2d 1405·53 Cal. App. 4th 1405·62 Cal. Rptr. 2d 384·97 Daily Journal DAR 4286
Court of Appeal of CaliforniaMarch 31, 1997C021838California4,149 words

Opinion

Opinion

Davis, J.

This case lies in the dark shadows of 101 Dalmatians. The prosecution initially charged the defendant with 27 counts of felony animal cruelty (Pen. Code, § 597, subd. (b) [undesignated section references will be to this code]) and 228 counts of misdemeanor animal neglect (§ 597f, subd. (a)). Ultimately, the jury convicted her of eight counts of felony animal cruelty (making the specific finding she subjected the victims to unnecessary suffering [§ 599b]) and one count of misdemeanor animal neglect. Following a hearing, the court ordered her to reimburse the costs of impounding her animals in the amount of $265,000 (rounded). (§ 597, subd. (f).) The trial court sentenced the unrepentant defendant to state prison for the middle term of two years on one felony count and ran the sentences for the subordinate felonies concurrently; the court deemed her consecutive misdemeanor sentence satisfied out of her presentence custody. On appeal, she complains section 597 is unconstitutionally vague, her trial violated double jeopardy, the instructions were erroneous, and she should not be subject to reimbursing the full costs of the consequences of her misconduct. Except for an error…

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