I concur with the majority opinion to the extent it affirms the judgment as to defendant’s guilt. I also concur with the remaining portion of the judgment setting aside the special circumstances finding and reversing the penalty of death, but only under the compulsion of People v. Garcia (1984) 36 Cal.3d 539 [205 Cal.Rptr. 265, 684 P.2d 826], and Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862]. For reasons I have previously expressed, I disagree with the holdings in *789those cases (see People v. Whitt (1984) 36 Cal.3d 724, 749 [dis. opn.] [205 Cal.Rptr. 810, 685 P.2d 1161]), but (as conceded by the Attorney General) they do appear to control the disposition of the present case.