I concur in the reversal of the judgment under the compulsion of People v. Brisendine (1975) 13 Cal.3d 528 [119 Cal.Rptr. 315, 531 P.2d 1099] (Burke, J., dissenting, concurred in by McComb, J. and Clark, J.)
Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.