People v. Foster CA6

I. FACTS AND PROCEDURAL BACKGROUND1

A 2018 search warrant of Foster’s home revealed over 50 cats in extremely poor health. There was little food or water for the animals, and many were emaciated. Conditions inside the house were unsanitary, with cat excrement and urine throughout. The police found 12 dead cats in Foster’s freezer. Foster was charged by information with six counts of cruelty to animals (Pen. Code, § 597, subd. (b)2; counts 1-6). After hearing the evidence, the jury convicted her of all counts. The trial court sentenced Foster on November 15, 2019. The court suspended imposition of sentence and placed Foster on probation for six years and four months.3 The court imposed a number of conditions of probation, including that Foster serve four days in the county jail with four days credit for time served and complete 400 hours of “volunteer work” at an organization that does not involve animals. The court ordered restitution in the amount of $239,315 to San Jose Animal Care and Services pursuant to section 597, subdivision (g)(1).4 Under section 597, subdivision (h),5 the court ordered

1 Because the facts of Foster’s offenses are largely irrelevant to the issues on…