Is theft a lesser included crime of robbery?

Defendant was not charged with theft. Nor is theft a lesser included offense of burglary. (See People v. Tatem, supra, 62 Cal.App.3d at p. 658; People v. Bernal, supra, 22 Cal.App.4th at p. 1458.) Accordingly, theft as a separate charge was not available for the jury's consideration. As such, defendant was not entitled to a separate instruction on theft.

In addition, as discussed above, the jury was unable to reach a verdict on the robbery charges and they were dismissed. Thus, any error in not instructing the jury on theft as a lesser included offense of robbery was harmless. (See People v. Breverman, supra, 19 Cal.4th at p. 154.)

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The judgment is affirmed.