P. v. Brunette 4/13/11 CA6

State: California

Court: California Eastern District Court

Docket No: H035370

Case Date: 04/13/2011

Plaintiff: P.

Defendant: Brunette 4/13/11 CA6

Preview:Filed 4/13/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. ROBERT CHRISTOPHER BRUNETTE, Defendant and Appellant.

H035370 (Santa Cruz County Super.Ct.No. F16961)

A jury convicted Robert Christopher Brunette, the defendant herein, of animal cruelty and neglect. The trial court ordered him to pay a large restitution amount to the animal welfare agency that had to arrange care for the dogs it rescued. This appeal requires us to consider whether the trial court erred in not reducing the award to account for the agencys putative comparative negligence in not abating the condition sooner, and abused its discretion by not setting off revenues the agency may have received from adopting out some of the dogs. We will affirm the judgment except for the trial courts imposition of an interest charge on the restitution award. PROCEDURAL BACKGROUND A jury convicted defendant of two felony counts of animal cruelty (Pen. Code,

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