Does the Attorney General have a waiver or waiver of instructions on the lesser included crime of attempted robbery?

The Attorney General puts forth a waiver argument, correctly noting that trial counsel specifically declined instructions on attempted robbery, concluding the error, if any, was invited. We need not determine this issue. A court may not give instructions on lesser included offenses when there is no evidence the offense was less than that charged. (People v. Pham, supra, 15 Cal.App.4th at p. 67.) Here, defendant committed a completed robbery using force or fear, or he committed assault and battery. There was no ineffectual effort to commit a robbery, thus no factual basis to give instructions on the lesser included crime of attempt to commit robbery.