Is there any error in instructing a jury to consider each of the charges in the same order?

The instruction, defendant argues, was error under People v. Kurtzman (1988) 46 Cal.3d 322, and must be considered in light of the court's clear direction to the jury that it is up to the jury to decide the order in which it would consider the charges. It stated: "[I]t is up to you to decide the order in which you consider each greater or lesser crime and the relevant evidence. [] But I cannot accept a verdict of guilty of the lesser crime unless you have found the defendant not guilty of the greater crime." The written copy of the instructions the jury took into deliberation also stated: "It is up to you to decide the order in which you consider each greater and lesser crime and the relevant evidence, but I can accept a verdict of guilty of the lesser crime only if you have found the defendant not guilty of the greater crime."

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