Fuller v. State

I fully concur with respect to Issues I, II, and III. I must respectfully dissent, however, as to Issue IV.

Count I charges that Fuller promoted or staged an animal fighting contest by using “pitbull dogs”. Record at 14. Count II charged that he “use[d] an animal in a fighting contest.” Record at 14. It is undeniable that the animal covered by Count II was one of the two dogs alleged to have been involved in Count I. There was but one fighting contest involved on the occasion in question and that contest involved two pit-bull dogs. Count II was an included offense within Count I, as charged.

In…