People v. Smith

Opinion

EPSTEIN, P. J.

Appellant Orlando Terrel Smith argues the trial court improperly imposed a deadly weapon use enhancement (Pen. Code, § 12022, subd. (b)(1)) 1 because he used the weapon (a knife) to kill a dog rather than a human being, and because, he claims, use of the knife is an element of the crime of animal cruelty (§ 597, subd. (a)) as charged. In the published portion of this opinion, we reject both arguments. 2 In the unpublished portion of the opinion, we consider appellant’s contentions that the court erred in allowing a police officer to testify to statements that were not…