Mona M. Cumberland v. State

District Court of Appeal of Florida

Mona M. Cumberland v. State

225 So. 3d 952, 2017 WL 3567503

CourtDistrict Court of Appeal of Florida

DecidedAugust 18, 2017

DocketCase 5D16-1012

StatusPublished

This text of 225 So. 3d 952 (Mona M. Cumberland v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mona M. Cumberland v. State, 225 So. 3d 952, 2017 WL 3567503 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Mona Cumberland appeals her conviction and sentence for one count of fighting and baiting animals under section 828.122(3), Florida Statutes (2014). The *953 charge stemmed from an organized dogfight that occurred at a residence where Cumberland lived. On the night of Cumberland’s arrest, law enforcement entered the backyard of the residence and observed two pit bulls actively fighting in a makeshift fighting ring. Thirty-three dogs were taken from the property. Most of the animals were bleeding and had facial injuries. Additionally, paraphernalia found within the home and on the property was consistent with an organized dogfighting operation. Twenty-six people were arrested on the night of the incident.

Cumberland raises a number of issues on appeal, only one of which merits discussion. The trial court ordered Cumberland to pay $3000 to the ASPCA as part of her sentence. We reverse that portion of Cumberland’s sentence because “there is no statutory authority permitting the trial court to order ... a $3000 donation to the ASPCA,” and therefore imposing that requirement was improper. See Bell v. State, 216 So.3d 751, 752 (Fla. 5th DCA 2017).

Accordingly, we affirm Cumberland’s conviction but reverse and remand for the trial court to strike the $3000 donation to the ASPCA from her sentence.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

COHEN, C.J., PALMER and EISNAUGLE, JJ., concur.

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PER CURIAM.

Mona Cumberland appeals her conviction and sentence for one count of fighting and baiting animals under section 828.122(3), Florida Statutes (2014). The *953 charge stemmed from an organized dogfight that occurred at a residence where Cumberland lived. On the night of Cumberland’s arrest, law enforcement entered the backyard of the residence and observed two pit bulls actively fighting in a makeshift fighting ring. Thirty-three dogs were taken from the property. Most of the animals were bleeding and had facial injuries. Additionally, paraphernalia found within the home and on the property was consistent with an organized dogfighting operation. Twenty-six people were arrested on the night of the incident.

Cumberland raises a number of issues on appeal, only one of which merits discussion. The trial court ordered Cumberland to pay $3000 to the ASPCA as part of her sentence. We reverse that portion of Cumberland’s sentence because “there is no statutory authority permitting the trial court to order ... a $3000 donation to the ASPCA,” and therefore imposing that requirement was improper. See Bell v. State, 216 So.3d 751, 752 (Fla. 5th DCA 2017).

Accordingly, we affirm Cumberland’s conviction but reverse and remand for the trial court to strike the $3000 donation to the ASPCA from her sentence.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED.

COHEN, C.J., PALMER and EISNAUGLE, JJ., concur.

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225 So. 3d 952, 2017 WL 3567503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mona-m-cumberland-v-state-fladistctapp-2017.

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