Legal Opinion
People v. Perry
California Court of Appeal, 5th District
Decided June 18, 2019No. F074841PublishedCited by 2 opinions
1Opinion of the CourtSnauffer, J.
*447Appellant Tyson Perry is a former police officer who used force against a private citizen during an arrest. He challenges his conviction for unnecessarily assaulting or beating another person while acting under color of authority. ( Pen. Code, § 149.1 ) He contends the jury instructions and prosecutor's argument encouraged conviction under a legally erroneous and factually unsupported theory. As we explain, we agree reversal is required. We reverse the judgment and remand for further proceedings.
*525PROCEDURAL HISTORY
Perry was charged with assault by a public officer ( § 149 ; count 1), battery…
2Cases cited32 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- Graham v. ConnorSupreme Court of the United States · 1989
- Mapp v. OhioSupreme Court of the United States · 1961
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
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3Cited by2 opinions
- People v. Tibayan CA3California Court of Appeal · 2021
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