I dissent for the reasons set forth in my dissent in People v. Hunter, ante, p. 432 [93 Cal.Rptr. 746, 482 P.2d 658], In my opinion the application for recall of the remittitur should be denied.
McComb, J., concurred.
Respondent’s petition for a rehearing was denied April 22, 1971. Wright, C. J., Mosk, J., and Burke, J., did not participate therein. Kaus, J.,* Roth, J.,* and Ford, J.,* participated therein. Roth, J.,* was of the opinion that the petition should be granted.
Assigned by the Acting Chairman of the Judicial Council.