Is there substantial evidence appellant committed assault with a deadly weapon that was not a semiautomatic firearm?
California, United States of America
The following excerpt is from People v. Bates, B254934 (Cal. App. 2015):
However, there was no substantial evidence appellant committed only assault (absent any firearm). Similarly, there was no substantial evidence appellant committed assault with a deadly weapon that was not a semiautomatic firearm (or assault with a firearm that was not a semiautomatic firearm). A trial court has no duty to instruct on a lesser-included offense when there is no substantial evidence to support the instruction. (People v. Souza (2012) 54 Cal.4th 90, 115-116.)
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