Kelleyv.The State
After his daughter found an emaciated dog and asked him to help rehome it, Jason Kelley instead flung the dog by its leash into a dumpster and shut the lid. The dog remained trapped for days without adequate food or water. Following a bench trial, Kelley was convicted of misdemeanor cruelty for the leash throwing and felony aggravated cruelty for maliciously subjecting the dog to prolonged pain by confinement. The Court of Appeals held the evidence supported the aggravated-cruelty conviction and that the convictions did not merge because they rested on different acts and offenses. It rejected Kelley’s remaining arguments, including his rule-of-lenity claim, and affirmed.
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