Does the court have to instruct the jury on the charge of theft in the context of carjacking?

Defendant's argument is speculation and not supported by the evidence. Theft is not a lesser included offense of carjacking. (People v. Ortega (1998) 19 Cal.4th 686, 693.) No matter how the court instructed on robbery and theft, the jury had to decide the issue of force or fear to resolve the carjacking count. That an instruction on theft would have given the jury a second chance to decide the issue of force or fear does not indicate the jury more likely than not would have decided in defendant's favor. The omission of a theft instruction was, at most, harmless error.

Page 9

B. Pinpoint instruction on force