What constitutes a crime that does not qualify as a lesser included offense?

Even if a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or within the charging allegations, it may nonetheless be a lesser related offense [8 Cal.4th 1035] of the charged crime. When an offense "is closely related to that charged and the evidence provides a basis for finding the defendant guilty of the lesser but innocent of the charged offense," the offense is deemed to be "lesser related" and, upon a defendant's request, a trial court must instruct the jury on the lesser related offense. (People v. Toro, supra, 47 Cal.3d at p. 974, 254 Cal.Rptr. 811, 766 P.2d 577.)