I concur in the judgment, but only under the compulsion of People v. Wheeler (1978) 22 Cal.3d 258 [148 Cal.Rptr. 890, 583 P.2d 748]. For the reasons expressed by Justice Richardson in his dissent in that case (22 Cal.3d at p. 288), Wheeler was incorrectly decided and should be reexamined.
Respondent’s petition for a rehearing was denied October 3, 1985, and the opinion was modified to read as printed above. Lucas, J., was of the opinion that the petition should be granted.