Is assault or battery a lesser included crime of robbery?

Theft is a lesser included offense of robbery. (People v. Castaneda (2011) 51 Cal.4th 1292, 1331.) Assault and battery are not lesser included offense of robbery under the elements test. (People v. Parson (2008) 44 Cal.4th 332, 349 [assault].) Defendant argues, however, that because the information alleged that the robbery was committed by "force and fear" (italics added), assault and battery were lesser included offense of robbery under the accusatory pleading test.

We may assume, without deciding, that defendant is correct on this point. (But see People v. Wright (1996) 52 Cal.App.4th 203, 210-211.) Even if so, the trial court was not required to instruct on either assault or battery unless there was substantial evidence that

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