No. F074841.

36 Cal.App.5th 444 (2019)

THE PEOPLE, Plaintiff and Respondent, v. TYSON PERRY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

June 18, 2019.

Attorney(s) appearing for the Case

J. Courtney Shevelson and Alison Berry Wilkinson for Defendant and Appellant.

Xavier Becerra , Attorney General, Gerald A. Engler , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, and David Andrew Eldridge , Deputy Attorney General, for Plaintiff and Respondent.

Larry D. Morse II , District Attorney, and Thomas Min , Deputy District Attorney, for Merced County District Attorney as Amicus Curiae on behalf of Plaintiff and Respondent.


Appellant 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...

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