Does the court have a sua sponte obligation to instruct on assault with a firearm as a lesser included crime?

( People v. Avila (2009) 46 Cal.4th 680, 705, 94 Cal.Rptr.3d 699, 208 P.3d 634 [" even on request, the court "has no duty to instruct on any lesser offense unless there is substantial evidence to support such instruction" "].) The primary dispute at trial was over the number of shooters and their identities. There was no dispute that the shooters ambushed and intentionally fired their guns into the car. That act at a minimum established implied malice sufficient to establish the commission of murder. Under no circumstances did the court have a sua sponte obligation to instruct on assault with a firearm as a lesser included offense.⁸

3. The jury was properly instructed on the "kill zone" theory of attempted murder .