concurring in part and dissenting in part.
I dissent from Part II of the opinion for the reasons more fully set forth in my dissent in People v. Marcy, Colo., 628 P.2d 69 (1981). Inasmuch as the majority continues to hold to the views adopted in Marcy, I concur in the balance of the opinion concerning the need for a new trial upon remand of this case.