What is the test for determining whether a lesser charged offence is necessarily included in a greater charged offense?

^8. "To determine whether a lesser offense is necessarily included in a greater charged offense, one of two tests must be met. [Citation.] The 'elements' test is satisfied if the statutory elements of the greater offense include all the elements of the lesser offense so that the greater offense cannot be committed without committing the lesser offense. [Citation.] The 'accusatory pleading' test is satisfied if 'the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater [offense] cannot be committed without also committing the lesser [offense].'" (People v. Cook, supra, 91 Cal.App.4th at p. 918.)

^9. We note, however, that if the evidence had been susceptible to a finding of multiple conspiracies, then the trial court would have had a sua sponte duty to instruct the jury to determine if a single or multiple conspiracies existed. (People v. Meneses, supra, 165 Cal.App.4th at pp. 1668-1671.)