finding that defendant could be required to give up all animals in her possession as a condition of probation and not merely those particular animals with respect to which she had been convicted of cruelty; condition was reasonably related to defendant's rehabilitation, had relationship to defendant's failure to provide animals with adequate air and wholesome exercise, and denied defendant further opportunity to commit cruelty to animals during term of her probation
How later courts described this case
- finding that defendant could be required to give up all animals in her possession as a condition of probation and not merely those particular animals with respect to which she had been convicted of cruelty; condition was reasonably related to defendant's rehabilitation, had relationship to defendant's failure to provide animals with adequate air and wholesome exercise, and denied defendant further opportunity to commit cruelty to animals during term of her probation
- a defendant convicted of animal cruelty may be required to forfeit all animals as a condition of probation, including those animals that were not the victims of the animal cruelty charges
- viectim received and kept puppy whose breed and health had been misrepresented
- victim received and kept puppy whose breed and health had been misrepresented
Written by the judges who cited it.
The opinion
Sherck, Judge,
concurring in part and dissenting in part.
I concur with the majority’s handling of appellant’s assignments of error two through nine. I, however, dissent as to appellant’s resisting-arrest conviction. I do not believe that appellant’s passive resistance constituted recklessness or force sufficient to convict her of this offense.