Sanchez

Defendant John Anthony Sanchez appeals from the judgment of conviction on seven counts of animal cruelty (Pen: Code, § 597, subd. (b)), and one count of dissuading a witness. (§ 136.1, subd. (c)(1).) He challenges six of the counts of animal cruelty.

On appeal, he claims the trial court’s failure to give a unanimity instruction requires reversal of six counts of animal cruelty. We agree with him as to count 7 because it was based upon evidence of two discrete criminal events, and will reverse the conviction on that count. In all other respects, we will affirm the judgment of conviction because the verdicts on counts 2, 3, 4, 5, and 11 are based upon evidence of a continuing course of conduct.

Factual Background

A. Prosecution’s Case

Defendant owned some property in Macdoel where he kept a variety of animals including dogs, cows, rabbits, ducks, geese, and chickens. The property was very dry and desert like. There were no natural wet spots; the vegetation on the property consisted of juniper trees and sagebrush.

Defendant lived on the property with his then wife, Ruth Sanchez, their daughter, and Ruth’s children. The Sanchezes often left their property for up to two…