Can a defendant be charged with grand theft person in a murder case?

Appellant was charged only with murder, not robbery. The robbery special circumstance allegation had no effect on what offenses were included in the murder charge (People v. Wolcott (1983) 34 Cal.3d 92, 101, 192 Cal.Rptr. 748, 665 P.2d 520) nor did reliance on a felony-murder theory. The included offense doctrine applies only to charged offenses. ( 1159.) Appellant was not charged with robbery and--notwithstanding the robbery special circumstance allegation and prosecution reliance upon a robbery-murder theory--could not have been convicted of robbery. ⁴ Accordingly, because grand theft person is not a lesser included offense of murder, the trial court had no sua sponte duty to instruct on grand theft person.