Does a failure to issue sua sponte violate due process?

We conclude the trial court's failure to issue CALJIC 8.50 and 8.72 sua sponte does not violate due process. At trial, Queen argued he lacked the intent necessary for either attempted murder or manslaughter. Indeed, defense counsel expressly disclaimed the theory that Queen committed the crime in the heat of passion. As the jury need only be instructed on the burden of proving the absence of heat of passion when the issue is presented, see Mullaney v. Wilbur, 421 U.S. 684, 704 (1975), we conclude the trial court did not err in failing to issue CALJIC 8.50 sua sponte.