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AAROE v. STATE

No. 5D99-1367.

788 So.2d 340 (2001)

Bruce AAROE, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

May 25, 2001.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and M.A. Lucas, Assistant Public Defender, Daytona Beach, for Appellant/Cross-Appellee.

Robert A. Butterworth, Attorney General, Tallahassee, and Kellie A. Nielan, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

COBB, J.

Bruce Aaroe was convicted by a jury, pursuant to section 828.12(2), Florida Statutes (1999),1 of felony cruelty to animals for shooting a cat (Smokey).

The evidence conclusively showed that Aaroe was guilty of the charge for which the jury convicted him. Part of that evidence was in the form of two phone calls Aaroe made to the police station. In the first call he stated:

Yeah I shot him. The son of a bitch got...

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