People v. Perry

Defendant, a former police officer, challenged his conviction for unnecessarily assaulting or beating another person while acting under color of authority. The Court of Appeal held that Penal Code section 149 is governed by the same standards as those applied in the Fourth Amendment context; an unlawful arrest or detention alone is not a legally valid basis for conviction under section 149; the prosecutor's arguments and the trial court's instructions in this case erroneously invited the jury to find that defendant violated section 149 by unlawfully arresting plaintiff. Accordingly, the court reversed the judgment because the record revealed no basis to conclude that the jury necessarily rested its verdict on a valid theory of guilt.However, the court found that there was substantial evidence to support conviction on a valid theory that defendant used more force than would have appeared necessary to a reasonable officer on the scene. Consequently, the court concluded that retrial is permitted. View "People v. Perry" on Justia Law