California, United States of America
The following excerpt is from Johnny v., In re, 149 Cal.Rptr. 180, 85 Cal.App.3d 120 (Cal. App. 1978):
The due process requirement that provides the basis for the inability of a court to convict a defendant of an uncharged offense not included as a lesser offense within the charged offense renders the court Without jurisdiction to convict defendant of a different offense. "When a defendant pleads not guilty, the court lacks jurisdiction to convict him of an offense that is neither charged nor necessarily included in the alleged crime. (Citations.)" (People v. West (1970) 3 Cal.3d 595, 612, 91 Cal.Rptr. 385, 395, 477 P.2d 409, 419.)
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