Does a defendant who resists the use of excessive force by a police officer in the lawful performance of his or her duties have to be found guilty of resisting the officer?

An officer who uses excessive force is not lawfully performing his or her duties; hence, a defendant who resists the officer's excessive force is not guilty of the offense of resisting an officer in the lawful performance of duties. (People v. Olguin (1981) 119 Cal.App.3d 39, 44-46.) Using the language of CALCRIM No. 2656, the trial court instructed the jury on the offense of resisting an officer in the lawful performance of duties. This instruction informed the jury that the prosecution must prove that the

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