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PEOPLE v. ALVARADO

No. D043471.

23 Cal.Rptr.3d 391 (2005)

125 Cal.App.4th 1179

The PEOPLE, Plaintiff and Respondent, v. Manuel ALVARADO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division 1.

Rehearing Denied January 27, 2005.

Review Denied April 27, 2005.

Attorney(s) appearing for the Case

Arthur B. Martin, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holley A. Hoffman and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.

NARES, Acting P.J.

The issue presented in this case is one of first impression: Is the crime of animal cruelty, as defined in Penal Code section 597, subdivision (a),1 a general or specific intent crime? We conclude, based upon the language of the statute, relevant California authority, and persuasive out-of-state authority, that section 597, subdivision (a) describes a general intent crime.

FACTUAL AND PROCEDURAL BACKGROUND<...

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