What is the appropriate remedy for a defendant who has been convicted of second-degree murder?

The appropriate remedy is to reverse the first degree murder conviction and to "allow[] the People to accept a reduction of the conviction to second degree murder or to retry the greater offense. . . . If the People choose to retry the case, they may seek a first degree murder conviction under a direct aiding and abetting theory." (People v. Chiu, supra, 59 Cal.4th at p. 168.) This renders moot defendant's argument that the jury should have received an instruction on second degree murder.