I concur in the setting aside of the special circumstance finding and the reversal of the penalty judgment for Carlos-Garcia error. (Carlos v. Superior Court (1983) 35 Cal.3d 131 [197 Cal.Rptr. 79, 672 P.2d 862]; People v. Garcia (1984) 36 Cal.3d 539 *210[205 Cal.Rptr. 265, 684 P.2d 826].) I do not join in the remainder of the majority’s opinion.
On March 27, 1986, the opinions were modified to read as printed above.