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STATE v. JOY

No. 19171.

819 P.2d 108 (1991)

120 Idaho 690

STATE of Idaho, Plaintiff-Respondent, v. Lowell B. JOY, Defendant-Appellant.

Court of Appeals of Idaho.

July 30, 1991.

Attorney(s) appearing for the Case

Roark, Donovan, Praggastis, Rivers & Phillips, Ray Keith Roark, Hailey, for defendant-appellant.

Larry J. EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Chief Judge.

Lowell B. Joy pled guilty to mistreating an animal upon evidence that he maliciously had shot a dog. Joy contends that the magistrate's imposition of a six-month jail term was excessive under the circumstances and represents an abuse of the court's sentencing discretion. For the reasons below, we affirm.

I

Carol Fitzgerald and Dennis Herwy lost their dog, a six-year old female registered

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