What is the test for a jury to return a verdict on a charged crime and its lesser included crime?

Although a jury confronted with a charged crime and its lesser included offense may discuss those crimes during deliberations in any order, "the jury may not return a verdict on the lesser offense unless it has agreed beyond a reasonable doubt that [the] defendant is not guilty of the greater crime charged." (People v. Kurtzman (1988) 46 Cal.3d 322, 329, italics omitted.) In this case, the trial court's initial instructions did not contain any discussion of how to fill out the verdict forms, and thus did not set forth this principle. The court's subsequent instructions set forth this principle, but provided the jury no specific guidance on what to do if it hung on the greater offense but could reach a decision on the lesser offense. A trial court is not obligated to instruct a jury at the outset on how to fill out the verdict forms

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