Early

A jury convicted appellant Robert Louis Early of first degree burglary. He was sentenced to a term of 25 years to life in state prison. (See Pen. Code, §§ 459, 667, subd. (e)(2).) Early appeals, contending, inter alia, that the jury was misinstructed and that this matter must be remanded for resentencing pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]. We affirm the conviction, but remand for resentencing.

I. Facts

On March 29, 1994, appellant Robert Louis Early allegedly burglarized the Dublin home of Karen Stewart. Early and Michael Duran Apodaca were apprehended by police after the two men ran away from them near the Stewart home. Early had jewelry and coins in his pocket that had come from the house. When he was questioned, he told police investigating the burglary that he committed the burglary and that he was a dope fiend looking to “make a score” in order to buy heroin. He stated that he and Apodaca had gained entry by a side door.

Early was charged by information with first degree burglary enhanced by allegations of five prior convictions, all of them for completed or attempted first degree burglaries.…