Is a defendant guilty at most of the lesser crimes in a murder case where the trial court failed to instruct on the lessers to robbery?

More recently, the high court applied the same rationale to a robbery special circumstance finding where the trial court had failed to instruct on the lessers to robbery. In People v. Kelly, supra, "[t]he court gave the standard instructions on robbery and the robbery special circumstance, but did not specifically instruct that if defendant formed the intent to steal only after the killing, he was guilty at most of the lesser included offense of theft....