The 3rd District Court of Appeals rejected Bryan Hathaway’s argument that the charge should be dismissed because the law against committing an act of sexual gratification with animals does not apply if they are dead.
‘‘He rather convincingly contends that animal means a living creature,’’ Judge Gregory Peterson wrote. ‘‘However, Peterson pled no contest to the charge. A plea of guilty or no contest waives all nonjurisdictional defects and defenses.’’
Hathaway, 21, pleaded no contest to the misdemeanor a year ago and was sentenced to probation that required him to be evaluated as a sex offender.
In January, Douglas County Circuit Court Judge Michael Lucci sentenced him to nine months in jail for probation violations that included using alcohol and marijuana and having unapproved contact with a minor child.
Hathaway told investigators that he saw a dead deer in a ditch near Superior in fall 2006 as he rode a bicycle by it. He then dragged it into the woods and had sex with it.
‘‘When I was done, I was upset with myself,’’ Hathaway said in a statement to police. ‘‘I know having sex with animals is wrong. But I can’t help myself and I need help.’’
The appeals court ruled Wednesday that police properly obtained the incriminating statement from Hathaway, rejecting the claim that his constitutional rights were violated.
Hathaway was questioned because he was on probation and had returned to a transitional living program in Superior covered in hair and blood with a knife in his pocket, court records said.
Hathaway was found guilty in April 2005 of felony mistreatment of an animal after he killed a horse with the intention of having sex with it. He was sentenced to 18 months in jail and two years of extended supervision on that charge as well as six years of probation for taking and driving a vehicle without the owner’s consent.
Hathaway had just been released from prison for the killing the horse when the deer incident happened, court records said. Hathaway’s attorney, Jefren Olsen, did not immediately return a telephone message Wednesday.