Ladd

Defendant was convicted of second degree murder (Pen. Code, § 187) with use of a firearm (Pen. Code, § 12022.5). He appeals from the judgment committing him to prison. We shall affirm.

This is the second opinion in this case, a rehearing having been granted after the first decision.

The vacated opinion was rendered after the court had advised counsel by letter that the case would be submitted for decision unless within 10 days a written request for oral argument was received. Having received no such request, the court decided the case on July 31, 1981. On August 14, 1981, defendant’s counsel, the State Public Defender, petitioned for rehearing, asserting that a written request for oral argument had been timely prepared and “placed in [this court’s] brief box in [the State Public Defender’s] office to be delivered to [the Clerk of this] court.” Counsel for the People solved the mystery of the errant letter, advising the court that it had somehow been missent to the office of the Attorney General in San Francisco. Rehearing was granted.

In the petition for rehearing counsel also sought to secure a different panel of the court to decide the case than participated in the…