Is there substantial evidence supporting a finding that defendant was guilty only of simple assault?

Here, no substantial evidence supported a finding that Dewees was guilty only of simple assault. Stated otherwise, "there was no reason why the jury would have rejected the prosecution's evidence that defendant committed [assault with intent to commit oral copulation or rape]." (People v. Friend (2009) 47 Cal.4th 1, 51-52 [" ' "if there is no proof, other than an unexplainable rejection of the prosecution's evidence, that the offense was less than that charged, such instructions [on lesser included offenses] shall not be given" ' "].) The evidence concerning these charges showed Dewees brought

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