P. v. Scherbenske CA3
A pit bull owned by Ruben Cambra mauled an elderly woman. Soon after the mauling, defendant Theodore Jason Scherbenske raced to the scene and hurried away with Cambra and the pit bull. A jury convicted defendant of being an accessory after the fact to the crime of failing to maintain control of a dangerous animal, and the trial court placed him on probation.
Defendant now contends (1) the evidence is insufficient to sustain the conviction, (2) the trial court failed to identify Cambra as the perpetrator in the instruction for accessory after the fact, and (3) the trial court failed to instruct the jury concerning the elements of failure to maintain control of a dangerous animal as they related to Cambra.
We conclude the evidence was sufficient to convict defendant of being an accessory after the fact to the crime of failing to maintain control of a dangerous animal.
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