The Court of Appeal agreed with appellant that the trial court erred in failing to sua sponte instruct the jury on a lesser included offense in connection with one of appellant’s charges of aggravated assault, as there was substantial evidence to support reasonable doubt the force used was sufficient to produce great bodily injury. The court reversed the count and ordered remand to permit the People the option of retrying the greater offense, or accepting a modification of the judgment to reflect a conviction of the lesser offense of simple assault.