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Gordon Fife Franklin v. State,
No. F-2005-228 (Okl.Cr., April 5, 2007) (unpublished): Cruelty to Animals; Excessive Sentence: Franklin had amassed several prior felony convictions and when the jury found him guilty of Kidnapping, Assault and Battery with a Dangerous Weapon, and Cruelty to Animals, they were not kind and recommended 250 years on each count which Judge Virgil C. Black imposed. Although the Court found the sentences excessive and modified them to 55 years, the key discussion involved the Cruelty to Animals count. The evidence showed that Franklin hit a pit bull and caused scratches on its head. The Court held that this alone is not enough. The record must demonstrate that the defendant "cruelly" injured the animal. In this case, the injuries to the dog were minimal and insufficient to support a finding of suffering or the infliction of a high degree of pain, the dog was not incapacitated in any way and was active when the police arrived, and there was no evidence the three minor scratches required medical attention or that the dog was even momentarily disabled. The victim testified that Franklin hit the dog and pushed it off of the sofa when it threatened him. This count is REVERSED with instructions to DISMISS.
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