Riazati

Manuchehr Riazati accumulated at his residence more than 90 animals, which the County of San Diego Department of Animal Services (Department) ultimately seized pursuant to a search warrant after animal *517 control officers made multiple unsuccessful attempts to persuade Riazati to rectify code violations concerning the living conditions of the animals. A jury convicted Riazati of two counts of felony animal neglect (rabbits & dogs) and four counts of misdemeanor animal neglect (chickens, birds, guinea pigs & a duck) in violation of Penal Code 1 section 597, subdivision (b) (hereafter section 597(b)). The court suspended imposition of sentence for five years, granted formal probation to Riazati, and ordered him to pay $42,263 in restitution and fines.

Riazati appeals, contending (1) the evidence is insufficient to support any of his six animal neglect convictions because there is no evidence he “failed to properly provide food, water, or shelter to the six species of animals under his care in a manner that created a high risk of death” to the animals, and thus there is no evidence he acted with the gross negligence required for a conviction under section 597(b); and (2)…