People v. Spears

RICHARDSON, J.

I concur in the judgment under the compulsion of People v. Davis (1981) 29 Cal.3d 814 [176 Cal.Rptr. 521, 633 P.2d 186]. As I pointed *284out in my concurring and dissenting opinion in that case (pp. 832-835), the provisions of the 1977 act clearly authorized the imposition of life imprisonment without parole for minors who had committed first degree murder with special circumstances. Because the provisions of the 1978 initiative are essentially identical in all pertinent respects to those of the 1977 act, it follows that a life-without-parole sentence remains an appropriate mode of punishment.

Rhodes, J.,* concurred.

Assigned by the Chairperson of the Judicial Council.