I concur in the judgment and opinion of the court except insofar as it distinguishes People v. Timmons (1971) 4 Cal.3d 411 [93 Cal.Rptr. 736, 482 P.2d 648] as to the “risk of harm” factor. (Ante, p. 132.) Timmons should simply be overruled.
McComb, J., concurred.