Terrence Mouton v. The State of Texas, 04-16-00070-CR (4th COA. 12/28/2016)
On February 3, 2016, appellant was found guilty of thirty-six counts of cruelty to nonlivestock animals. The following day, the jury assessed punishment at 365 days' confinement and a $4,000 fine on each count. The trial court ordered the sentences to run concurrently. In his sole issue on appeal, appellant contended the trial court erred in denying his motion for directed verdict based on appellee's failure to prove the animals in question where in his custody. The court affirmed holding a reasonable jury could have found that appellant was responsible for the health, safety, and welfare of the dogs on his property and that the dogs were subject to his care and control, regardless of whether he was the actual owner of each animal. The court noted that several witnesses testified that appellant lived at the house and appellant offered to the investigating officers that "he did care for the dogs." The court concluded a reasonable juror, based on the direct and circumstantial evidence, could have found that appellant was "aware of, but consciously disregarded, a substantial and unjustifiable risk" that he failed to provide property nutrition, water, or shelter for the dogs. As such, the trial court did not err in denying appellant's motion for a directed fired, and the court affirmed the judgment.
Terrence Mouton v. The State of Texas, San Antonio Court of Appeals, Case No.: 04-16-00070-CR, 12/28/2016
|January 12, 2017
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Texas Lawyer subscribers only.
Subscribe now to enjoy unlimited access to Texas Lawyer content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to firstname.lastname@example.org to learn more.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.