How has the court considered the issue of whether appellant was convicted of attempted murder under a natural and probable consequences theory?

Thus, we proceed to address the second question before us, i.e., whether appellant was convicted of attempted murder under a natural and probable consequences theory. The record shows the jury was instructed with CALCRIM No. 403, which sets forth the elements for the natural and probable consequences doctrine. During closing argument, the prosecutor referred to the natural and probable consequences doctrine, provided the jury with examples of what natural and probable consequences could arise in appellant's circumstances, and argued that a reasonable person in appellant's shoes would know that an assault may lead to an attempted murder. Because appellant's jury was instructed on the natural and probable consequences doctrine for attempted murder, appellant may establish a prima facie showing of eligibility. (See People v. Lewis (2021) 11 Cal.5th 952, 971-972 [where the record of conviction does not refute the claims of eligibility in the section 1170.95 petition, the petitioner has made a prima facie showing for relief].)