X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appellant Raymond McDonald, Jr., appeals his conviction for cruelty to animals. See Tex. Penal Code Ann. � 42.09(a)(3) (West Supp. 2001). After a jury found him guilty, McDonald’s attorney and the prosecuting attorney agreed on a punishment of fifty days of confinement to be served on weekends. In this appeal, McDonald alleges that the evidence presented at trial was insufficient to establish two elements of the offense and insufficient to support the punishment, that he was denied a punishment hearing and a chance to present mitigating evidence before sentencing, that the trial court erred in not admonishing McDonald as to the range of punishment, and that he personally did not agree to the sentence. We conclude that the evidence was factually sufficient to support the verdict and that McDonald voluntarily agreed to the sentence; therefore, the sufficiency of the evidence for the punishment is irrelevant. We also determine that after entering into a punishment agreement, McDonald was not entitled to present evidence or have a punishment hearing and that the court’s failure to admonish was not error.

FACTUAL BACKGROUND

On July 24, 1999, McDonald stopped his van on the side of the road in front of the Holly Street power plant near an entrance to the Town Lake Hike and Bike Trail. McDonald opened the back doors of the van, pulled out a black bag, and dropped it on the ground next to the van. A puppy came out of the bag and ran toward the trail. Two security guards from the power plant witnessed these events. One guard approached McDonald and told him to take the dog with him. McDonald refused, saying “[t]hat dog ain’t even mine.” McDonald presented evidence at trial showing that his son’s friend had found the stray dog and placed it in the van without McDonald’s knowledge. McDonald and his wife were on their way to the grocery store when his wife first heard a noise coming from the back of the van. McDonald stopped the van by the trail to investigate. He opened the rear doors and saw a black bag that was moving. McDonald testified that he became scared, grabbed the bag, and dropped it on the ground, which is when the puppy jumped out.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Seeking a corporate/transactional lawyer with at least 2 years' experience. Experience with the following would be a plus:drafting, reviewin...


Apply Now ›

FULL-TIME COMMERCIAL LITIGATION ASSOCIATE SATTIRAJU & THARNEY, LLP SEEKS AN ASSOCIATE ATTORNEY PREFERABLY WITH 4-7 YEARS OF EXPERIENCE ...


Apply Now ›

McCarter & English, LLP is actively seeking a chemistry patent associate with an advanced degree in chemistry. Candidates should have 2-...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›