Does a court have a duty to instruct a jury on a lesser-included offense of arson of a property in violation of section 451, subdivision (d) of the California Criminal Code?

4) the court's failure to instruct sua sponte on arson of property in violation of section 451, subdivision (d), as a lesser-included offense of the predicate felony of arson of an inhabited property in violation of section 451, subdivision (b). (See People v. Silva (2001) 25 Cal.4th 345, 371 [finding that, "[a]lthough a trial court on its own initiative must instruct the jury on lesser included offenses of charged offenses, this duty does not extend to uncharged offenses relevant only as predicate offenses under the felony-murder doctrine"].)

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