What is the test for a de novo review to determine whether the court should have instructed on a lesser included offense?

We apply de novo review to determine whether the court should have instructed on a lesser included offense. (People v. Cole (2004) 33 Cal.4th 1158, 1215.) Two tests

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exist for determining whether an offense is necessarily included within another: the elements test and the accusatory pleading test. (People v. O'Malley (2016) 62 Cal.4th 944, 984.) "Under the elements test, if the statutory elements of the greater offense include all of the statutory elements of the lesser offense, the latter is necessarily included in the former. Under the accusatory pleading test, if the facts actually alleged in the accusatory pleading include all of the elements of the lesser offense, the latter is necessarily included in the former." (People v. Reed (2006) 38 Cal.4th 1224, 1227-1228.)