I concur in the Chief Justice’s opinion, except that, as I indicated in People v. Saffel (1979) 25 Cal.3d 223, 235 [157 Cal.Rptr. 897, 599 P.2d 92] (dis. opn.), I believe that the same credit is appropriate for those who are and are not amenable to treatment.
Respondent’s petition for a rehearing was denied April 30, 1980, and the opinion was modified to read as printed above. Appellant’s petition for a rehearing was denied June 4, 1980. Bird, C.J., was of the opinion that the petitions should be granted.