Animal cruelty prosecution; Jury instructions; MCL 768.29; People v Kowalski; Sufficiency of evidence; MCL 750.50; People v Oros; Admission of other acts; MRE 404(b); People v Felton; Ineffective assistance of counsel

The court held that although the jury instructions and verdict form erroneously labeled a separate statutory offense as an alternative count, the error did not result in a miscarriage of justice, and sufficient evidence supported defendant’s conviction for failing to provide adequate care to 25 or more dogs. On appeal, the court held that the instructions were flawed but noted that a conviction is not set aside unless the error “more probably than not was outcome determinative.” The court also held that photographs, deputy observations, and expert testimony permitted the jury to find inadequate sanitary conditions, finding reasonable inferences are drawn in favor of the verdict. The court found no prejudice from admission of the Wisconsin incident under MRE 404(b) because the record supported guilt regardless. It also rejected the ineffective assistance claim and noted defendant must show both deficient performance and a reasonable probability of a different result. The court further held that cumulative error did not warrant reversal because defendant failed to show that correcting the errors would have led a reasonable juror to acquit. Affirmed.