I concur fully in the affirmance of the convictions and special circumstance finding. I concur in reversal of the death penalty under *1246compulsion of People v. Ramos (1984) 37 Cal.3d 136, 150-159 [207 Cal.Rptr. 800, 689 P.2d 430] and People v. Montiel (1985) 39 Cal.3d 910, 928 [218 Cal.Rptr. 572, 705 P.2d 1248], Had the prosecutor not exploited the Briggs Instruction I would have held the giving of the instruction harmless beyond a reasonable doubt on the facts of this case.
Appellant’s petition for a rehearing was denied September 1, 1988, and the opinion was modified to read as printed above.