Is a defendant entitled to an acquittal when the evidence is sufficient to establish a lesser included crime?

evidence, a defendant has no right to an acquittal when that evidence is sufficient to establish a lesser included offense. [Citations.]' (People v. Breverman (1998) 19 Cal.4th 142, 154-155.) '[I]nsofar as the duty to instruct applies regardless of the parties' requests or objections, it prevents the "strategy, ignorance, or mistakes" of either party from presenting the jury with an "unwarranted all-or-nothing choice," encourages "a verdict . . . no harsher or more lenient than the evidence merits" [citation], and thus protects the jury's "truth-ascertainment function" [citation]. "These policies reflect concern [not only] for the rights of persons accused of crimes [but also] for the overall administration of justice." [Citation.]' (Id. at p. 155.)" (People v. Golde (2008) 163 Cal.App.4th 101, 115 (Golde).)