In what circumstances will the conviction on count 1 to second degree murder be reduced from 1 to 2 to 2 degree murder?

the conviction on count 1 to second degree murder. While the trial court may not have been persuaded by any new evidence or argument and certainly may have imposed the identical sentence, we cannot foreclose the possibility beyond a reasonable doubt that the trial court would have exercised its discretion differently. (See People v. Rodriguez, supra, 17 Cal.4th at p. 258 ["[t]he evidence and arguments that might be presented on remand cannot justly be considered 'superfluous,' because defendant and his counsel have never enjoyed a full and fair opportunity to marshal and present the case supporting a favorable exercise of discretion"].)⁶