I concur in the majority opinion, except that, for the reasons expressed in my dissenting opinion in People v. Anderson, 6 Cal.3d 628, 657 [100 Cal.Rptr. 152, 493 P.2d 880], I dissent from the modification of the death penalty. (See Cal. Const., art. I, § 27.)
Appellant’s petition for a rehearing was denied July 25, 1974.