Golde

— In this case, we hold:

1. Substantial evidence supports defendant’s conviction for violation of Penal Code section 245, subdivision (a)(1) (felony assault) ;

2. No substantial evidence supports the trial court’s finding that defendant suffered a prior serious felony “strike” conviction for violation of section 246.3 (negligent discharge of firearm), because no evidence in the record shows defendant personally used a firearm;

3. The trial court did not err in failing to instruct the jury on the elements of simple assault (§ 240), as a lesser included offense, because no substantial evidence supported such an instruction;

4. The trial court did not err by giving the following jury instructions: Judicial Council of California Criminal Jury Instructions (2006-2007) CALCRIM Nos. 101, 102, 104, 200, 220, 223, 225, 226, 300, 302, 315, 316, 318, 333, 355, and 875.

Defendant Mario James Golde was convicted of assault by means of force likely to produce great bodily injury or with a deadly weapon, a car (§ 245, subd. (a)(1)), with a prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12). He appeals, contending (1) the evidence is insufficient to support the…