In California, for a defendant to be convicted of an uncharged offense, the lesser uncharged offense must be necessarily included in a charged offense. (People v. Lohbauer (1981) 29 Cal.3d 364, 368-369.) There are two tests for determining if a lesser offense is necessarily included in a greater offense: (1) the "elements" test and the "accusatory pleading" test. (People v. Reed (2006) 38 Cal.4th 1224, 1227.) "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." (Id. at pp. 1227-1228.) The reason for this rule is that " ' "Due process of law requires that an accused be advised of the charges against him in order that he may have a reasonable opportunity to prepare and present his defense and not be taken by surprise by evidence offered at his trial."' " (People v. Lohbauer, supra, 29 Cal.3d at p. 368.)