Does a defendant have to appeal against his conviction for first degree premeditated murder based on the natural and probable consequences theory?

Defendant contends that, if the jury could have found him guilty as an aider and abettor of first degree premeditated murder based on the natural and probable consequences theory, his conviction should be reversed, citing People v. Chiu (2014) 59 Cal.4th 155, 164-165. However, the jury instructions clearly provided that the jury could only convict defendant of first degree murder under a direct aiding and abetting theory. Even if the trial court improperly instructed the jury on the natural and probable

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