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Jump to navigation. After shooting a pet dog to prevent harm to Defendant's own dog, Defendant challenges his animal cruelty conviction. Defendant argues that since he was attempting to kill the dog, he did not intend to torture or mutilate the dog within the meaning of the statute.
The court affirms his conviction, reasoning that the evidentiary record below supported his conviction. Appellant-defendant Michael Anderson appeals his conviction for Cruelty to a Vertebrate Animal,FN1 a class D felony, challenging the sufficiency of the evidence. Specifically, Anderson argues that the conviction must be set aside because the evidence established that he shot the dog, intending to kill it. Thus, Anderson claims that the evidence failed to show that he intended to torture or mutilate the animal within the meaning of the statute.
Moreover, Anderson asserts that he shot the dog only because it was about to attack his own dog. Anderson also claims that the three-year sentence-which consisted of one year executed with two years suspended to probation-was inappropriate and that the trial court improperly identified two aggravating factors. Finding no error, we affirm the judgment of the trial court. On October 5, , at approximately p. McCormick immediately looked up and saw Anderson, a neighbor, standing on Anderson's porch lowering a rifle.
McCormick also observed a dog that belonged to another neighbor run into a nearby wooded area. When McCormick noticed Jo, she was approximately forty yards from Anderson's property. After McCormick went inside and told his parents about the incident, he and a friend, Kaleb Conrad, began to search for the dog. Approximately fifteen minutes later, McCormick found Jo lying on the driveway at Conrad's grandmother's house.
