Can a defendant be convicted of a charge of resisting arrest under section 148 of the Penal Code?

In a two-to-one decision, the appellate division reversed defendant's conviction. The majority cited People v. White (1980) 101 Cal.App.3d 161, 161 Cal.Rptr. 541 ( White ) for the proposition that "if a defendant is charged with violating Penal Code [section] 148 by resisting arrest and the arrest is found to be unlawful because it was made with excessive force, a defendant cannot be convicted of that section." The majority rejected the idea that "a resisting arrest event" may be divided into parts and concluded that the trial court's response to the jury question was erroneous. The majority found the error prejudicial because the jury might have "found that the officer went too far," negating the lawful performance element of the offense.