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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case. ATTORNEY FOR APPELLANT: HAROLD E. AMSTUTZ Lafayette, Indiana ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MICHAEL GENE WORDEN Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
MICHAEL ANDERSON, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 79A02-0706-CR-487

APPEAL FROM THE TIPPECANOE SUPERIOR COURT The Honorable Les A. Meade, Judge Cause No. 79D05-0606-FD-00284

December 11, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

BAKER, Chief Judge

Appellant-defendant Michael Anderson appeals his conviction for Cruelty to a Vertebrate Animal, 1 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. FACTS On October 5, 2005, at approximately 2:00 p.m., fourteen-year-old John McCormick, Jr., was in his yard in Lafayette when he heard a gunshot. 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. The dog, a yellow labrador known as "Jo," belonged to Mike Conrad, who lived nearby. Tr. p. 14. When McCormick noticed Jo, she was

approximately forty yards from Anderson's property.

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Ind. Code

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