Can a defendant be convicted of an offense against an officer engaged in the performance of official duties unless the officer was acting lawfully at the time?

A "[d]efendant cannot be convicted of an offense against an officer engaged in the performance of official duties unless the officer was acting lawfully at the time. [Citation.] 'The rule flows from the premise that because an officer has no duty to take illegal action, he or she is not engaged in "duties," for purposes of an offense defined in such terms, if the officer's conduct is unlawful. [Citations.]' [Citation.]" (People v. Simons, supra, 42 Cal.App.4th at p. 1109, fn. omitted.) Where a defendant is charged under section 148, a peace officer did not act lawfully if he or she did not have probable cause to make the arrest or used excessive force in doing so. (People v. Olguin (1981) 119 Cal.App.3d 39, 45.)