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ANIMAL CRUELTY CASE TO BE SENT BACK FOR SENTENCING JUDGE NEEDED TO DEAL WITH MISDEMEANORS.


Byline: Karen Maeshiro Staff Writer

LANCASTER - A 74-year-old retired school cafeteria manager convicted of animal cruelty for keeping more than 200 Chihuahuas at her home must return to court once more.

An appeals court has ruled that the judge should have imposed a sentence for four misdemeanor counts on which Emma Harter was convicted.

``She was convicted on one felony felony (fĕl`ənē), any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law. . That stands. She got probation on that,'' Deputy Attorney General Sharlene Honnaka said. ``On the misdemeanor counts, the judge did not give her a sentence. A judge is required to say some kind of sentence - she can say probation or whatever. She is required to give some kind of sentence on it.''

Harter was convicted in March 2004 of one count of felony animal cruelty and four misdemeanor counts: battery on an animal-control officer, animal endangering, unsanitary un·san·i·tar·y
adj.
Not sanitary.
 conditions and failure to isolate sick animals.

Harter was placed on probation for five years for the felony count and barred from owning or possessing animals during that period. She also was ordered to pay $371,090 in restitution to Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County.

The order from the 2nd District Court of Appeal to send the case back for sentencing stemmed from Harter's appeal of her conviction, which focused on the legality of a search of her home that resulted in the seizure of the animals and cited inadequacy of counsel for not renewing at trial a motion to suppress motion to suppress n. a motion (usually on behalf of a criminal defendant) to disallow certain evidence in an up-coming trial. Example: a confession which the defendant alleges was signed while he was drunk or without the reading of his Miranda rights.  evidence based on what she claimed was an illegal search.

The three-judge appellate panel declined to rule on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers  of Harter's arguments, saying those issues would be better addressed through a petition for a writ of habeas corpus Noun 1. writ of habeas corpus - a writ ordering a prisoner to be brought before a judge
habeas corpus

judicial writ, writ - (law) a legal document issued by a court or judicial officer
, which would allow Harter's attorney to explain why the motion was not renewed, rather than through a direct appeal.

The ruling also concluded that the case must be sent back to the trial court for imposition of sentence on the misdemeanor counts.

At the time of sentencing, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the appeals court's ruling, Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming.

The Antelope Valley
 Superior Court Judge Lisa Chung told Harter, ``I do not see any point in having you on misdemeanor probation, since you are already on felony probation. ... However, the court is not going to impose any other conditions or fines, and I am going to indicate no probation, so you have one probation to worry about on Count 1, and that's felony probation.''

``Upon conviction, it is the duty of the court to pass sentence on the defendant and impose the punishment prescribed. Pursuant to this duty, the court must either sentence the defendant or grant probation in a lawful manner; it has no other discretion,'' the appeals court ruling said.

``We express no opinion on how the trial court should exercise its sentencing discretion,'' the ruling added.

Karen Maeshiro, (661) 267-5744

karen.maeshiro(at)dailynews.com
COPYRIGHT 2006 Daily News
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Feb 20, 2006
Words:466
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