Does a defendant have a right to seek instruction on trespass as a lesser related crime?

In sum, an uncharged trespass offense was not necessarily included in the charged burglary offense under either the elements test or the accusatory pleading test. Additionally, defendant never requested a trespass instruction as a lesser related offense, the prosecutor never consented to such a request, and the trial court had no sua sponte duty to instruct on it. (People v. Foster (2010) 50 Cal.4th 1301, 1343-1344 [defendant has no federal constitutional right to compel giving of instruction on lesser related offense]; see People v. Birks, supra, 19 Cal.4th at pp. 117-118 [defendant charged with burglary was not entitled to instructions on lesser related offense of trespass; court may

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