Is there any case law where a jury failed to instruct the jury concerning theft rather than a felony-murder conviction?

Woratzeck's argument that the trial judge erred in failing to instruct the jury concerning theft--which is a lesser included offense of robbery--when robbery served as one of the underlying felonies for the felony-murder conviction, is more persuasive. Cf. United States v. Stearns, 707 F.2d 391, 393 (9th Cir.1983) (permitting felony-murder prosecution where defendant had earlier been tried and convicted for lesser included offense related to same transaction, but observing that defendant could not be punished again for the underlying theft if convicted of felony-murder),

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