5D09-329 Michael Horn v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D09-329

Case Date: 09/07/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2009

MICHAEL BERNARD HORN, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed September 11, 2009 Appeal from the Circuit Court for Seminole County, Donna L. McIntosh, Judge. James S. Purdy, Public Defender, and Robert E. Wildridge, Assistant Public Defender, Daytona Beach, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D09-329

PER CURIAM. Michael Horn appeals his conviction for animal cruelty.1 He correctly contends that it was error for the trial court to instruct the jury on the definition of "cruelty, torture, or torment." The definition of these terms was unnecessary for a determination of

Horn's animal cruelty charge. However, no objection was made to these instructions at

1

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