I dissent for the reasons set forth in my dissent in People v. Mutch, ante, p. 389 [93 Cal.Rptr. 721, 482 P.2d 633], In my opinion the application for recall of remittitur should be denied.
McComb, J., concurred.
Respondent’s petition for a rehearing was denied April 22, 1971. Wright, C. J., did not participate therein. Kaus, J.,* participated therein. Burke, J., was of the opinion that the petition should be granted.
Assigned by the Acting Chairman of the Judicial Council.