In what circumstances will the trial court instruct on lesser included offenses in a case where a police officer was killed during a pursuit by a robber?

Even in the absence of a request, the trial court must instruct on lesser included offenses when the evidence raises a question as to whether all of the elements of the charged offense were present, but not when there is no evidence that the offense was less than that charged. (People v. Banks (2014) 59 Cal.4th 1113, 1159, overruled on another point in People v. Scott (2015) 61 Cal.4th 363, 391, fn. 3.)

Murder is the unlawful killing of a human being with malice aforethought. ( 187, subd. (a).) It is first degree murder if it is perpetrated in any manner specified in section 189. Section 189 specifies a murder committed in the perpetration of a robbery as first degree murder. ( 189.) "When an officer or citizen is murdered while in immediate pursuit of a robber who flees from the scene of the crime with the fruit of that offense, the killing is in perpetration of the robbery a crime that is not legally complete until the robber has won his or her way even momentarily to a place of temporary safety." (People v. Johnson (1992) 5 Cal.App.4th 552, 559.) In contrast, any murder that is not perpetrated in one of the manners specified in section 189 is second degree murder. ( 189.)