included offense of murder. An offense is inherently included within another if, through comparison of the statutes establishing the crimes, the lesser offense can be proven by the State by proof of all or less than all of the elements of the greater offense, or if the lesser offense requires a lesser mens rea. Wright, 658 N.E.2d at 566. Class A felony voluntary manslaughter requires the State to prove an element — use of a deadly weapon — not found in the murder statute and, pursuant to a clear application of Wright, cannot be considered an inherently lesser included offense of murder. Class A felony voluntary manslaughter can be a factually lesser included offense of murder, if the charging information for murder alleges the use of a deadly weapon to commit the crime. See id. at 567 (<HOLDING>). Nonetheless, we cannot deem trial counsel
holding that reviewing court in a proper case may modify a judgment of conviction below and affirm it as a conviction of a lesser degree of the offense charged or of a lesser crime included therein where the errors do not affect the conviction of the lesser offense  holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime holding that an offense is factually lesser included if the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense holding that a lesser crime cannot be a lesser included offense of a greater crime if the lesser crime contains an essential element not included in the greater crime recognizing that it is within  our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted