Does the Court of Appeal have an obligation to instruct the jury on the lesser included charge of assault with a firearm?

2. Lesser Included Offense. Appellant contends the trial court prejudicially erred because it failed to instruct the jury on the lesser included offense of assault with a firearm. ( 245, subd. (a)(2).) A trial court has a duty to instruct sua sponte on a lesser included offense "whenever there is substantial evidence raising a question as to whether all of the elements of the charged greater offense are present." (People v. Huggins (2006) 38 Cal.4th 175, 215.) Here, the trial court had no obligation to instruct on assault with a firearm because there was no substantial evidence appellant possessed something other than a semiautomatic firearm. As we have explained, both the investigating officer and the firearms expert identified appellant's firearm as a semiautomatic. There was no evidence to the contrary. As a consequence, there was no basis for an instruction on the lesser included offense.