Unpersuaded of the correctness of People v. Anderson (1972) 6 Cal.3d 628 [100 Cal.Rptr. 152, 493 P.2d 880], but compelled by the imperiled doctrine of stare decisis and by the authority of Furman v. Georgia (1972) 408 U.S. 238 [33 L.Ed.2d 346, 92 S.Ct. 2726], I concur in modification of this judgment to life imprisonment.