Is resisting arrest a lesser included offense of forcible resistance against an executive officer?

In the conference to settle instructions, defendant's advisory attorney requested the court instruct that resisting arrest ( 148(a)) was a lesser included offense of forcible resistance against an executive officer ( 69) as charged in counts one and two. The court heard argument on the issue, and ruled it would not give the instruction, concluding that People v. Smith (2013) 57 Cal.4th 232 (Smith) "holds that if the district attorney is relying only on force or violence, rather than deterring some future action, that 148 is not a lesser included offense, even though the deterrence of a future action might be charged in the information" "[T]he case says, for 148 to be a lesser included, there must be substantial evidence that there was some action to deter future duties."