Can a defendant plead to assault with a deadly weapon or intent to commit murder?

If we examine the merits of this contention, we conclude there is no duty to instruct a jury on a lesser included offense unless the charged offense as defined by the statute could not be committed without also committing the lesser included offense or if it is within the offense specifically and factually charged in the accusatory pleading. (People v. Orr, 43 Cal.App.3d 666, 673, 117 Cal.Rptr. 738.) Assault with a deadly weapon or intent to commit murder (Pen.Code, 217) could be committed without committing attempted voluntary manslaughter or exhibiting a firearm in a rude or threatening manner. The pleadings do not specifically or factually include either of these lesser charges. In this context there was no sua sponte duty to instruct the jury on attempted voluntary manslaughter or exhibiting a firearm.