On September 24, 2015, the Santa Clara County District Attorney filed an information charging Sanders with five counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b)).[1] As to each count, the information alleged that Sanders personally used a handgun in committing the offense (§ 12022.53, subd. (b)). Finally, the information alleged that Sanders had two prior strike convictions, three prior serious felony convictions, and one prior prison conviction (§§ 667, subds. (b)‑(i), 1170.12, 667.5, subd. (b)).

Following a trial, the jury acquitted Sanders on four of the five robbery counts (counts 1‑4), but found him guilty on the fifth (count 5). (§§ 211, 212.5, subd. (b).) The jury also found true that Sanders personally used a firearm in committing count 5, and in a bifurcated proceeding, found true all of the allegations relating to Sanders’s prior convictions.

At sentencing, after denying Sanders’s Romero[2] motion and motion for new trial, the trial court sentenced him to an indeterminate term of 25 years to life on count 5, a consecutive 10‑year term for the firearm enhancement (§ 12022.53, subd. (b)), and a consecutive five‑year term for one of his prior serious felony convictions[3] (§ 667, subd. (a)).

As to fines, fees, and assessments, the trial court imposed a $10,000 restitution fine (§ 1202.4, subd. (b)) and a $10,000 parole revocation fine (§ 1202.45), stayed pending completion of parole. The court also imposed a $10 crime prevention fund fine plus $31 in penalty assessments (§ 1202.5), a $40 court security fee (§ 1465.8, subd. (a)(1)), a $259.50 criminal justice administration fee (former Gov. Code, §§ 29550, 29550.1, 29550.2), and a $30 criminal conviction assessment (Gov. Code, § 70373).

B. Facts

1. Prosecution case[4]

a. Robbery

On October 30, 2011, Daniel Kim was working at a Petco store in San Jose. Shortly before closing time, Kim walked around the store to see if any remaining customers needed assistance. Kim saw Sanders in an aisle with dog beds on the shelves, and asked if he needed any help. Sanders, who was wearing a dark hat and a dark coat, said he did not.

Approximately five minutes later, Kim returned to the aisle and saw Sanders was still near the dog beds, so he again asked if Sanders needed help. This time Sanders said he did and asked about “ ‘memory foam or Tempur‑Pedic’ ” dog beds. Kim informed Sanders that there were beds like that on the shelf in front of him. During his direct examination, Kim said he believed Sanders touched one of the beds. On cross‑examination and redirect examination, however, Kim said he could not remember whether Sanders touched any merchandise. Kim also admitted that, in his testimony at the preliminary hearing, he said that Sanders did not touch any merchandise when he spoke to him the second time.

Sanders told Kim he had a gun, which he pulled out and pointed at Kim. Kim described the weapon as a large chrome revolver. Sanders cocked the gun and told Kim he was going to rob the store. He grabbed

[1] Unspecified statutory references are to the Penal Code.

[2] People v. Superior Court (Romero) (1996) 13 Cal.4th 497.

[3] The court struck the remaining two prior serious felony convictions (§ 667, subd. (a)) and prior prison term conviction (former § 667.5, subd. (b)) in the interest of justice under section 1385, subdivision (c)(1).

[4] We limit our recitation of facts to those pertaining to the one count of second degree robbery on which Sanders was convicted (count 5).