DISCUSSION

Under Delgadillo, we must “evaluate the specific arguments presented in [defendant’s supplemental brief],” but we are not compelled to undertake an “independent review of the entire record to identify unraised issues.” (People v. Delgadillo, supra, 14 Cal.5th at p. 232.) We proceed accordingly.

2 In his supplemental brief, defendant challenges the trial court’s order denying his section 1172.6 petition, stating “a review of the actual trial transcripts of the entire jury trial will only reveal whether what is demanded within [section] 1172.6 has occurred.” He also contends the “[s]pecific intent to kill is equal to imputed malice.” We disagree. Trial courts are permitted to review the record of conviction at the section 1172.6 prima facie stage to determine whether a petitioner is ineligible for relief as a matter of law. (People v. Lewis (2021) 11 Cal.5th 952, 971-972.) The record of conviction includes the jury instructions provided at the petitioner’s trial. (See People v. Harden (2022) 81 Cal.App.5th 45, 52 [“if the record shows that the jury was not instructed on either the natural and probable consequences or felony-murder doctrines, then the petitioner is ineligible for relief as a matter of law”].) And we must presume the jury followed its instructions. (People v. McKinnon (2011) 52 Cal.4th 610, 670.) Section 1172.6 permits resentencing of attempted murder convictions only if the person was convicted of “attempted murder under the natural and probable consequences doctrine.” (§ 1172.6, subd. (a).) The jury in defendant’s trial was not given a natural and probable consequence instruction, and instead was required to find defendant personally harbored the intent to kill to find him guilty of attempted murder. (See CALCRIM No. 600.) This finding renders him ineligible for relief under section 1172.6 as a matter of law, and the trial court properly denied defendant’s petition on this basis. (See People v. Harden, supra, 81 Cal.App.5th at p. 52.)

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DISPOSITION

The trial court’s order denying defendant’s petition for resentencing under section 1172.6 is affirmed.

/s/

EARL, P. J.

We concur:

/s/

RENNER, J.

/s/

MESIWALA, J.

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