Can a defendant who has been convicted under section 148(1) of the Ontario Penal Code (a)(1) for excessive force use of force against an arrestee who has not been convicted of any offences under the same section?

arrestee cannot be convicted under Penal Code section 148, subdivision (a). [Citations.] '[E]xcessive force by a police officer . . . is not within the performance of the officer's duty.' [Citations.]" (Ibid.) An officer using unreasonable force cannot possibly be lawfully exercising his or her duties within the meaning of Penal Code section 148, subdivision (a)(1). (See Truong, at p. 1428, citing Sanford v. Motts (9th Cir. 2001) 258 F.3d 1117, 1119-1120 [court concluded "a claim based on the use of excessive force after an arrest was not barred because a judgment for the plaintiff would not necessarily imply [the] conviction was invalid"].)