Is there evidence of heat of passion or imperfect self-defense necessary to establish the malice element of murder?

Although Rios, supra, 23 Cal.4th at page 454 states that where there is evidence of heat of passion or imperfect self-defense, "the People may have to prove the absence of provocation, or of any belief in the need for self-defense, in order to establish the malice element of murder," the case does not assist defendant because the court neither considered the sufficiency of the murder instruction, which is the issue defendant raises here, nor held that the jury instruction on murder must include as an element that the defendant did not act under a heat of passion or in imperfect self-defense. " 'It is axiomatic that cases are not authority for propositions not considered.' " (People v. Avila (2006) 38 Cal.4th 491, 566.)

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