P. v. Smith
Defendant Laura Ann Smith was found guilty by a jury of animal cruelty. The trial court placed her on probation on the condition she serve 365 days in county jail.
Defendant’s ensuing appeal is subject to the principles of People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Kelly (2006) 40 Cal.4th 106, 110, 124. In accordance with the latter, we will provide a summary of the offense and the proceedings in the trial court.
Defendant and Eunice Clark were neighbors. Both women owned two dogs. One of Clark’s dogs was a six- to seven-pound Chihuahua-Miniature Pinscher mix named Roxy. Despite Clark’s efforts, Roxy would escape from her yard once or twice every couple of weeks. Three or four of those times, Clark found Roxy playing with defendant’s dogs in defendant’s yard. Defendant had never said anything to Clark, but had complained to Clark’s son about Roxy coming into her yard.
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