SALISBURY, Md. (AP) — A man convicted of breaking into a chicken house but cleared of other charges in the deaths of 33,700 birds killed after power was turned off, is appealing part of his sentence.

The Daily Times of Salisbury reports that a motion to correct 21-year-old Joshua Shelton’s sentence was denied and his attorney is appealing.

Shelton of Delmar was sentenced to 60 days in jail last month after he was convicted of fourth-degree burglary. But Assistant Public Defender René Tywang argues that Shelton’s acquittal on animal cruelty and malicious destruction of property charges means he shouldn’t have to pay more than $5,000 in restitution to the birds’ owner. Tywang says restitution should be ordered “as a direct result of the crime.”

Prosecutors expect the sentence to be upheld.

(Copyright 2013 by The Associated Press. All Rights Reserved.)


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