State v. Mauer

HUNTER, Robert C., Judge.

Defendant Barbara Yvonne Mauer appeals her conviction of misdemeanor cruelty to animals, arguing primarily that the trial court erred in denying her motion to dismiss the charge for insufficient evidence. Contrary to defendant’s contention, the State presented substantial evidence of the offense, and, therefore, the trial court properly denied defendant’s motion. We conclude, however, that insufficient evidence was presented to support the trial court’s restitution order. Consequently, we vacate that order and remand for rehearing.

Facts

The State’s evidence tended to…