Hernandez

Appellant Lawrence Hernandez was convicted by a jury of first degree murder (Pen. Code, §§ 187, 189), two counts of robbery (Pen. Code, § 211), attempted burglary (Pen. Code, § 459), and two counts of possession of a concealable firearm by a convicted felon (Pen. Code, § 12021). In addition, the jury found that he used a firearm during commission of the murder and robberies. (Pen. Code, §§ 12022.5, 1203.06.) He was sentenced to twenty-five years to life for the murder, plus a two- year enhancement for the firearm use, plus consecutive terms for one of the robberies, the attempted burglary, and one of the possession offenses. This case has been retransferred to this court for “reconsideration in light of People v. Dillon (1983) 34 Cal.3d 441, 472-489 [ 194 Cal.Rptr. 390 , 668 P.2d 697 ], and People v. Barrick (1982) 33 Cal.3d 115 [ 187 Cal.Rptr. 716 , 654 P.2d 1243 ].”

I

Joseph and Gertrude Wolfe operated a coin shop in Concord. Mr. Wolfe regularly carried coins and cash to and from the shop in a blue bag. Shortly before midnight on January 31, 1980, the Wolfes were called by Bay Alarm, which provided the store’s alarm system. A panel on the rear wall had been pushed in,…