I concur in the opinion but would grant relief to this petitioner for the reasons discussed in my concurring and dissenting opinion in Westbrook v. Mihaly (1970) 2 Cal.3d 765, 802 [87 Cal.Rptr. 839, 471 P.2d 487], vacated on other grounds (1971) 403 U.S. 915 [29 L.Ed.2d 692, 91 S.Ct. 2224].
Petitions for a rehearing were denied April 17, 1974. Mosk, J., was of the opinion that the petitions should be granted. The opinion was modified on April 17 and 24, 1974, to read as printed above.