Thompson

WOODS (Fred), J.

Convicted by jury of first degree murder (Pen. Code, [1] §§ 187, 189; count I), igniting a destructive device causing death (§ 12310, subd. (a); count III), and igniting a destructive device causing bodily injury (§ 12309; count IV), appellant contends: (1) section 12310, subdivision (a) requires that an aider and abettor have an intent to kill; (2) his confession was improperly admitted; (3) victim photographs should not have been admitted; and (4) the trial court failed to exercise sentencing discretion. We reject all but appellant's fourth contention, affirm the three convictions but reverse the sentences on counts I and III and remand the matter to the trial court for resentencing.

There being no insufficiency of evidence claim, we synopsize the evidence and do so with a perspective favoring the judgment. ( People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 721 P.2d 110 ].)

It was about 11:30 p.m., July 3, 1988, when Lisa Lee and her two-year-old son Dionsa returned home after an evening at grandmother's house. Lisa gave Dionsa a bath and brought him to his bedroom — the front bedroom, closest to the street. The lights were on and only thin curtains…