Does a defendant need to be convicted of assault with a deadly weapon for the penalty under section 20001, subdivision (b)(2) of the Vehicle Code to apply?

^7. Defendant argues on reply that he needed to be convicted of assault with a deadly weapon for the penalty provisions of Vehicle Code section 20001, subdivision (b)(2) to apply. He also argues only on reply that there was "no conclusive evidence" defendant knew he hit his wife with the truck. The latter claim is both forfeited for failure to raise it in his opening brief (People v. Baniqued (2000) 85 Cal.App.4th 13, 29) and plainly without merit. Conclusive proof is not required, and there was substantial evidence that he was aware he hit his wife with his truck and injured her.

^8. The jury was also instructed on the lesser-included offense punished under Vehicle Code section 20001, subdivision (b)(1).