I concur only in that portion of the majority opinion which concludes that a mandatory penalty of life without possibility of parole is not unconstitutional for failing to provide for individualized sentencing.
However, for the reasons expressed in my dissenting opinion in People v. Fields (1983) 35 Cal.3d 329, 374-386 [197 Cal.Rptr. 803, 673 P.2d 680], I dissent from that portion of the opinion which holds that appellant was not denied a representative jury at the guilt phase by the exclusion of all prospective jurors who would vote against the death penalty.
Reynoso, J., concurred.
Appellant’s petition for a rehearing was denied July 12, 1984. Bird, C. J., was of the opinion that the petition should be granted.