People v. Bedolla

In People v. Bedolla (1979) 94 Cal.App.3d 1, the defendant was found guilty of assault with a deadly weapon. On appeal, he argued that the trial court should have instructed on four other offenses which were "'clearly made out by the evidence . . .'" ( Id., p. 9.) The court held that his argument was "wholly irrelevant. The supposed included offenses are not contained within the elements of the crimes charged. Therefore, no instruction on lesser included offenses was required." ( Id., p. 9.)