Does assault with a deadly weapon and battery with serious bodily injury constitute a lesser included crime?

It is important to note that hierarchy of seriousness of charges may be considered by a jury when the crimes are charged as lesser included offenses. Here, however, none of the charges were lesser includeds of any of the others. Assault with a deadly weapon and battery with serious bodily injury are not lesser included charges to attempted murder. (People v. Parks (2004) 118 Cal.App.4th 1, 6.) Therefore, there is no conceivable reason the jury should have been instructed to consider the hierarchy of charges in the present case.