Published: Apr 08, 2013 2:32 PM EDT

TALLAHASSEE, Fla. (AP) - An appeals court has upheld the conviction and sentence of a north Florida man charged with suspending his dog by the neck and beating it with a two-by-four.
    
The 1st District Court of Appeals ruled on Monday in Brent Lukaszewski's case. He was convicted of felony cruelty to an animal and sentenced in 2012 to a year in prison and three years probation.
    
Lukaszewski argued the evidence was insufficient to show repeated infliction of unnecessary pain or suffering. He said he was disciplining the dog after she had an accident in the house.
    
But the court noted that the dog was elderly, limping and moving slowly. She had blood in her mouth and multiple cuts and bruises. Witnesses also had heard the dog whine and yelp for 10 minutes.

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