Is there any case law supporting the argument that the assault with a deadly weapon is not a lesser included or lesser included crime?

All parties agree that the crimes for which Solis stands convictedassault with a deadly weapon and mayhemare not lesser included offenses of attempted premeditated murder. In addition, neither party contends assault with a deadly weapon is a lesser included offense of mayhem, or vice versa. (See People v. Ausbie (2004) 123 Cal.App.4th 855, 863, fn. 5 [20 Cal.Rptr.3d 371] , overruled in part by People v. Santana (2013) 56 Cal.4th 999, 10101011 [157 Cal.Rptr.3d 547, 301 P.3d 1157] .) With this framework in mind, we turn now to the Eid decision to guide our resolution of the issues presented.