Does a defendant have a sua sponte duty to instruct on torture as a lesser included crime?

Defendant acknowledges that he was not separately charged with the crime of torture. He also acknowledges that this court has long held that a court's sua sponte duty to instruct on lesser included offenses does not extend to an uncharged offense supporting a special circumstance allegation, or a charge of first degree felony murder. (See, e.g., People v. Valdez (2004) 32 Cal.4th 73, 110111, 8 Cal.Rptr.3d 271, 82 P.3d 296 [when robbery is not a charged offense but rather forms the basis of a felony-murder charge and a robbery-murder special-circumstance allegation, the court has no sua sponte duty to instruct on theft as a lesser offense to robbery]; accord, People v. Combs (2004) 34 Cal.4th 821, 856, 22 Cal.Rptr.3d 61, 101 P.3d 1007 [same].)

We express no view regarding whether assault by means of force likely to cause

[396 P.3d 537]