People v. Adams CA4/1

I.

INTRODUCTION

A jury convicted Karen M. Adams of five counts of misdemeanor animal cruelty

(Pen. Code, § 597, subd. (b))1 and one count of failing to obtain a kennel license (San

Diego County Code, § 62.641).2 The trial court suspended imposition of sentence and

placed Adams on summary probation for three years. Adams contends that the

convictions for animal cruelty must be reversed because (1) there was no substantial

evidence that she engaged in criminally negligent acts or omissions that caused a high

risk of great bodily injury or death, and (2) the court prejudicially erred by failing to

instruct the jury sua sponte that a conviction under section 597, subdivision (b) requires a

finding that the defendant created a high risk of death or great bodily injury. We reverse

the animal cruelty convictions on the ground that the evidence is insufficient to support

them.

All statutory references are to the Penal Code unless otherwise specified.

The subject of each of the five counts of animal cruelty is a dog that the San Diego Humane Society (the Humane Society) removed from Adams's residential property. The Humane Society assigned each dog a…