Because I would grant defendant’s petition for writ of habeas corpus and vacate the judgment of conviction (see In re Marquez, post, p. 584 [3 Cal.Rptr.2d 727, 822 P.2d 435] [dis. opn. of Kennard, J.]), I would dismiss the appeal as moot.
Mosk, J., concurred.
Appellant’s petition for a rehearing was denied March 18, 1992. Mosk, J., and Kennard, J. were of the opinion that the petition should be granted.