Mona M. Cumberland v. State
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MONA M. CUMBERLAND, Appellant, v. Case No. 5D16-1012 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 18, 2017 Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge. James S. Purdy, Public Defender, and Steven N. Gosney, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Appellee. 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 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. Thirtythree 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. 2
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