Can a defendant plead guilty to an uncharged lesser related charge of attempted murder without either committing an assault or brandishing a weapon?

"To determine whether a lesser offense is necessarily included in a greater charged offense, one of two tests must be met. [Citation.] The `elements' test is satisfied if the statutory elements of the greater offense include all the elements of the lesser offense so that the greater offense cannot be committed without committing the lesser offense. [Citation.] The `accusatory pleading' test is satisfied if `the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater [offense] cannot be committed without also committing the lesser [offense].' [Citation.]" (People v. Cook (2001) 91 Cal.App.4th 910, 918.)

The elements of attempted murder are an intent to kill and one direct but ineffective step toward killing another person. (Pen. Code, 664, 187.) A person can commit an attempted murder without either committing an assault or brandishing a weapon. (See, e.g., People v. Young (1981) 120 Cal.App.3d 683, 690; People v. Benjamin (1975) 52 Cal.App.3d 63, 71.)

"We have held that a trial court has no duty to instruct on an uncharged lesser related offense when requested to do so by the defendant [citation] and, therefore, it is clear that the trial court did not err in failing sua sponte to so instruct on that point." (People v. Schmeck (2005) 37 Cal.4th 240, 291-292.) Accordingly, the court did not err in not instructing on crimes which were not necessarily included in the charged offense.