Laird Rudolpho Schaff was charged by accusation of 39 counts of prohibited treatment of animals and one count of operating an animal establishment without a permit. The trial court granted a directed verdict of acquittal on the permit charge and ten counts of prohibited treatment. A jury found him guilty on the remaining 29 counts. Schaff appeals from the judgment of conviction and sentence entered on the jury’s verdict. He raises four enumerations of error, alleging that the State failed to prove venue, that he received ineffective assistance of counsel, that the trial court erroneously charged the jury regarding a county ordinance but sentenced him under a state statute, and that his right to due process of law was violated because he was not afforded a pre-sentence hearing. We find no merit in any of Schaff’s enumerations of error, and we affirm the judgment. The record shows that a Clayton County Housing Code Inspector went to Schaff’s home to investigate after receiving a complaint about odors emanating from Schaff’s house trailer. No one was home, and the inspector left a citation for sanitation violations. Two inspectors returned to the trailer a few days later, and the “horrendous” odor of cats was still present, even from outside the trailer. Schaff was at home and allowed the inspectors to enter the trailer, where more than 25 cats were found. One inspector testified at trial that the cats “were everywhere. They were on top of the cabinets, in the cabinets, everywhere. They were all around.” Cat waste was all over the floor, the few litter boxes were dirty, cat food was strewn about, and the house in general “was filthy.” Clayton County Animal Control picked up the cats that day.
A veterinarian qualified as an expert in animal medicine and forensics testified that she and her staff took 33 of Schaff’s cats from Clayton County Animal Control to their clinic. She testified to the cats’ deplorable condition. Every single cat that had been living in Schaff’s trailer had ear mites. Several cats had abraded or sore genitals and bladder or uterine infections. Some had sores or abscesses that required surgery or antibiotics. Some were dehydrated, and all were underweight and malnourished. A number of the cats had contracted serious diseases seen only in cats kept in “a filthy living environment.” Several cats succumbed to this condition while under the care of the veterinarian despite all attempts to save them, and some pregnant cats lost their kittens despite emergency Caesarean sections.
