I concur in the judgment under compulsion of People v. Conley (1966) 64 Cal.2d 310 [49 Cal.Rptr. 815, 411 P.2d 911], and People v. Modesto (1963) 59 Cal.2d 722 [31 Cal.Rptr. 225, 382 P.2d 33]. However, I would not disapprove People v. Stephanson (1968) 259 Cal.App.2d 181 [66 Cal.Rptr. 155], a case in which this court properly denied a hearing as recently as April 17,1968.
Burke, J., concurred.