In In re Carlo S. (1979) 94 Cal.App.3d 377, the court found that the trial court was without jurisdiction to convict him because the lesser included offense was not charged, not raised by appropriate amendment and the minor was not afforded previous notice of such offense. Based upon the premise of lack of jurisdiction the court said that an accused by his silence or acquiescence may not confer jurisdiction, and lack of it may not be waived, nor may jurisdiction be stipulated. (P. 380.)