Whether the rule announced in People v. Birks (1998) 19 Cal.4th 108, which permits a prosecutor to veto a defendant's request for an instruction on a lesser-related offense, extends to situations where every element of the requested lesser offense was pled in the information and the requested instruction pinpoints the defendant's theory of the case

QUESTION(S) PRESENTED Should the Rule announced in People v. Birks (1998) 19 Cal.4th 108, which : permits a Prosecutor to veto a Defendant's request for an instruction on a Lesser-Related Offense, extends to situations where every element of the requested Lesser Offense was pled in the Information and the requested Instruction pinpoints the Defendant's theory of the case.