In what circumstances will a jury acquit a defendant of a lesser charge of a greater charge?

California, United States of America

The following excerpt is from People v. Rivera, 35 Cal.App.4th 506, 41 Cal.Rptr.2d 421 (Cal. App. 1995):

Situations in which greater and lesser included offenses have been tried together, and the jury has convicted the defendant of the lesser offense but has made no disposition of the greater, have sometimes been resolved, in favor of a former jeopardy defense to attempted retrial of the greater charge, by a finding that conviction of only the lesser offense (given a full opportunity to convict of the greater) implied an acquittal of the greater. (Green v. United States, supra,

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