In what circumstances will a jury convict a defendant of premeditated attempted murder?

[3] People v. Hart (2009) 176 Cal.App.4th 662, 97 Cal.Rptr.3d 827, reached a different conclusion. The case is factually similar to this one; the defendant was convicted of premeditated attempted murder when his codefendant shot the owner of a liquor store during a robbery. The jury was instructed that it could find the defendant guilty of attempted murder if it found that it was a natural and probable consequence of the attempted robbery. The court held the instructions failed to inform the jury that in order to find the accomplice guilty of attempted premeditated murder, "it was necessary to find that attempted premeditated murder, not just *288 attempted murder, was a natural and probable consequence of the attempted robbery." ( Id. at p. 673, 97 Cal.Rptr.3d 827.)