People v. Lyons CA4/1

DISCUSSION

A. Requirement that an officer must be acting lawfully under sections 69 and 241, subdivision (c)

Lyons contends there is insufficient evidence to support the two charges under sections 69 and 241, subdivision (c), because Le Beau’s use of force was excessive and not objectively reasonable under the circumstances. In particular, he argues that Le Beau used excessive force by grabbing Lyons’s hands without giving him an adequate opportunity to comply with Le Beau’s commands and, therefore, was not acting in lawful performance of his duties, as required under both statutes. 1. Applicable law A defendant is guilty of violating section 69 when he or she resists the officer by the use of force or violence as long as that officer was acting lawfully at the time of the offense. (People v. Smith (2013) 57 Cal.4th 232,

3 241.) It is, therefore, an essential element of that offense that the officer at the time of the arrest must be engaged in the lawful performance of his or her duties, and use of excessive force by an officer to accomplish an arrest is unlawful. (People v. White (1980) 101 Cal.App.3d 161, 167 (White); see CALCRIM No. 2652.) When a peace officer uses…