Does a jury have a sua sponte duty to instruct jurors on negligent discharge of a firearm?

Defendant next argues that the trial court had a sua sponte duty to instruct jurors on negligent discharge of a firearm. Negligent discharge of a firearm is a lesser included offense of shooting at an occupied vehicle. (People v. Overman (2005) 126 Cal.App.4th 1344, 1360.)

A trial court has a sua sponte duty to instruct on lesser included offenses when substantial evidence supports the instruction. (People v. Cunningham (2001) 25 Cal.4th 926, 1008.) "'"Substantial evidence is evidence sufficient to 'deserve consideration by the jury,' that is, evidence that a reasonable jury could find persuasive."'" (Ibid.)