Judge Overrules Jury In Animal Abuse Case
State's Felony Animal Cruelty Statue Called Vague
VIERA, Fla. -- A convicted animal abuser who had faced 10 years in prison will spend just one more month in jail after a Brevard judge threw out a jury's earlier conviction on felony charges, Local 6 News partner Florida Today reported.
Greg Hynes, 26, was convicted in January on two counts of felony animal cruelty.
According to prosecutors, eight animals, including two dogs, were found starving and living in putrid conditions inside Hynes' Melbourne apartment in 2004.
Hynes' lawyer, Patrick Lepore, filed motions for a new trial and an acquittal of charges based on errors he said prosecutors made during trial and what he called insufficient evidence to prove the felony charges.
Judge George Maxwell on Thursday said the state's felony animal cruelty statute is vague, and that the misdemeanor statute -- which defines cruelty as confinement without sufficient food or water, and abandonment -- took precedence.
http://www.local6.com/news/13461811/detail.html(Further down in story it was noted a 1yr sentence was recommended on the felony charges)