I concur in the judgment, on the basis that petitioner’s commitment was unlawful as a denial of procedural due process and equal protection of the laws under the Fourteenth Amendment to the United States Constitution. I respectfully dissent, however, from that portion of the majority’s opinion wherein it relies on both the United States Constitution and the California Constitution. For reasons expressed by Justice Clark in his dissenting opinion herein, and by me in People v. Disbrow (1976) 16 Cal.3d 101, 118-121 [127 Cal.Rptr. 360, 545 P.2d 272] (dis. opn.), I do not agree with the court’s reliance upon substantially identical- language in both Constitutions, thereby insulating our decisions both from review by the United States Supreme Court and from change through the legislative or initiative process.
The petitions of both parties for a rehearing were denied September 15, 1977; the dissenting opinion was modified to read as printed above; and a concurring and dissenting opinion by Richardson, J., was filed.