When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations?

6 When a crime does not qualify as a lesser included offense because all of its elements are not subsumed within the elements of the charged crime or the charging allegations, it may still be a lesser related offense of the charged crime. When an offense "is closely related to that charged and the evidence provides a basis for finding the defendant guilty of the lesser but innocent of the charged offense," the offense is deemed to be "lesser related," and on a defendant's request, a trial court must instruct the jury on the lesser related offense. (People v. Toro (1989) 47 Cal.3d 966, 974, 254 Cal.Rptr. 811, 766 P.2d 577.)