Does a court have a sua sponte duty to instruct on a lesser included charge of second degree murder?

^7. See Horning, supra, 34 Cal.4th at page 905 ["[w]e need not decide whether the evidence warranted an instruction on second degree murder in this case because we find any error . . . invited"]; see also People v. Cooper (1991) 53 Cal.3d 771, 827 (Cooper) [no need to decide whether the trial court had a sua sponte duty to instruct on a lesser included offense "because even if there was error, defendant is barred from asserting it under the invited error doctrine"].)