Assault with a firearm (Pen. Code, sec. 245, subd. (a)(2)) is not a lesser included offense of shooting at another person from a vehicle (Pen. Code, sec. 12034, subd. (c)) because section 12034, subd. (c), unlike section 245, subd. (a)(2) does not require that the perpetrator have a present ability to commit a violent injury on another person.