Can a defendant be convicted of an uncharged crime of a lesser included offense of a charged crime?

In contrast to section 954's general rule permitting multiple convictions of charged crimes, a defendant may be convicted of an uncharged crime only if it is a lesser included offense of a charged crime. ( Reed, supra, 38 Cal.4th at p. 1227, 45 Cal.Rptr.3d 353, 137 P.3d 184 ; see 1159.) A "lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense, or the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser." ( People v. Birks (1998) 19 Cal.4th 108, 117, 77 Cal.Rptr.2d 848, 960 P.2d 1073.) The rule limiting convictions of uncharged crimes to lesser included offenses of charged crimes satisfies the due process requirement that an accused be given adequate notice of the charges so as to have a reasonable opportunity to prepare and present a defense. ( Reed, at p. 1227, 45 Cal.Rptr.3d 353, 137 P.3d 184.) The " specific language of the accusatory pleading adequately warns the defendant that the People will seek to prove the elements of the lesser offense " ( id. at p. 1229, 45 Cal.Rptr.3d 353, 137 P.3d 184 ), even though the lesser offense has not been separately charged.

Under another well-established rule, "a defendant may not be convicted of

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