P.

FACTS AND PROCEDURE

We have summarized extensively the facts and procedure in the prior two appeals. In this appeal, we summarize only the facts and procedure relevant to the current appeal. In the first trial, appellant was convicted of first degree murder (Pen. Code,1 § 187, subd. (a)), first degree residential robbery (§ 211) and first degree residential burglary (§ 459). (People v. Morones, supra, B225231.) Jurors also found that the robbery and burglary were committed to benefit a street gang (§ 186.22, subd. (b)(1)) and that Morones personally used a firearm (§ 12022.53, subd. (b).) (People v. Morones, supra, B225231.) As stated, we reversed the first degree murder conviction but otherwise affirmed. On February 9, 2012, we issued an opinion reducing Morones’s sentence from first to second degree murder and ordered the trial court to resentence Morones. (People v. Morones, supra, B225231.) On October 19, 2012, the trial court resentenced Morones as follows: For the first degree residential robbery with the gang allegation the court sentenced Morones to a prison term of 15 years to life and added an additional 10 years for the firearm use enhancement. The court sentenced…