concurring.
If there was ever a case that screamed for prosecutorial discretion, it is this case. Ms. Martinez, an 83 year old widow, is known in her neighborhood for taking in, and caring for, stray dogs-acts most of us would never consider. Yet for whatever reason, Martinez takes in homeless animals like the one at issue here, and somehow manages to stretch her meager income to care for animals that would otherwise roam our city’s streets. While the jury faced with the evidence discussed in the majority opinion had no choice but to find Martinez guilty, I question why this case was ever prosecuted at all.
Martinez lives on $400.00 per month in Social Security benefits. She has no transportation. "While the evidence demonstrates that Martinez did not do everything that was needed to properly care for the infected dog, the evidence indicates that she did what she felt she could do. Nonetheless, nothing indicates that Martinez is a cruel person. When the animal cruelty investigator went to Martinez’s home to investigate the complaint of animal cruelty, Martinez surrendered the infected dog at the investigator’s request. Notably, however, the investigator also found healthy dogs at Martinez’s home. Those dogs were separated from the infected dog to prevent them from becoming ill.
All the testimony from Martinez’s trial indicates that the infected dog required professional treatment-care that costs money that Martinez did not have. With the dog in the hands of the animal control authorities, what purpose was served by prosecuting this little old woman? Surely, nothing was gained except to alienate a senior member of our community from the justice system that should protect her.
Although this case should never have been prosecuted, the damage done could have been minimized by the trial court. Cruelty to animals is a Class A misdemeanor, punishable by up to one year in jail. The trial court sentenced Martinez to the maximum punishment. A one-year sentence, even though probated, seems unnecessarily severe in circumstances such as these. Perhaps the trial court intended to exercise leniency by probating Mar*279tinez’s sentence and ordering her to perform 100 hours of community service at the local animal shelter. Nonetheless, performing this service will require numerous trips to and from the shelter, each trip requiring money for transportation. On a $400.00 a month income, even this effort will be a challenge.
Hopefully, Martinez’s love for animals will facilitate her efforts to perform her community service and to put this experience behind her. As for my part in this case, I concur in the judgment only.