In what circumstances will the court grant defendant's habeas corpus petition?

included offense. Following the parties' submissions, the trial court granted defendant's habeas corpus petition, concluding the trial judge erred in failing to sua sponte instruct the jury with CALCRIM No. 570, and the error was not harmless under the heightened standard of review set forth in Chapman v. California (1967) 386 U.S. 18 [17 L.Ed.2d 705] (Chapman) [holding federal constitutional error requires reversal unless the error is harmless beyond a reasonable doubt].