I concur in the judgment solely under the compulsion of the rule announced by the present majority in People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748], As indicated in my dissent in that case (id, p. 288), Wheeler, in my view, was wrongly decided. Peremptory challenges may be exercised by counsel on either side without justification, excuse, or explanation to anyone.
Clark, J., concurred.
Respondent’s petition for a rehearing was denied March 29, 1979.