What is the effect of amended information at trial for second degree murder?

The amended information alleged that Penix and the other defendants "did unlawfully, and with malice aforethought murder . . . Pineda." However, despite the information's allegation of malice murder, the prosecution's sole theory of murder at trial was felony murder. Because the prosecution proceeded solely on a theory of felony murder, the court denied Penix's request to instruct the jury on second degree murder and voluntary manslaughter as lesser included offenses of first degree murder. Penix contends that the court's failure to instruct on second degree murder and voluntary manslaughter as lesser included offenses was prejudicial error under People v. Banks (2014) 59 Cal.4th 1113 (Banks) because the information alleged malice murder and there

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