Is a vehicle used as an assault weapon an element of the crime of murder?

So it is here. Use of a deadly weapon (a vehicle) is not an element of the crime of murder with which appellant was charged, and was not charged as such in the information. Rather, use of a deadly weapon was charged as an enhancement within the meaning of section 12022, subdivision (b)(1). Based on "the long-standing rule that enhancements may not be considered as part of an accusatory pleading for purposes of identifying lesser included offenses" (People v. Sloan, supra, 42 Cal.4th at p. 114), the information cannot be read to charge murder with a deadly and dangerous weapon so as to make assault with a deadly weapon a necessarily included offense.

V. To the Extent Appellant's Claims of Prosecutorial Misconduct Are Not Forfeited, They Lack Merit