What is the test for brandishing a weapon under the elements test of assault with a deadly weapon?

"[A] lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense, or the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser." (People v. Birks

(1998) 19 Cal.4th 108, 117.) "[E]ven absent a request, and even over the parties' objections, the trial court must instruct on a lesser offense necessarily included in the charged offense if there is substantial evidence the defendant is guilty only of the lesser." (Id. at p. 118.) If a crime does not fit the definition of a lesser included offense, and is merely a lesser-related offense, the defendant is not entitled to an instruction on the offense. (Id. at p. 136.)

Brandishing is not a lesser included offense of assault with a deadly weapon under the elements test. As the court explained in People v. Steele (2000) 83 Cal.App.4th 212, although a defendant will ordinarily brandish a weapon before using it to assault the victim, "it is theoretically possible to assault someone with a firearm without exhibiting the firearm in a rude, angry or threatening manner, e.g., firing or pointing it from concealment, or behind the victim's back." (Id. at p. 218.) The same is true of assaults with deadly weapons other than firearms, such as knives, and we see no reason to depart from the court's reasoning in Steele.