I agree with Justice Richardson that the trial court did not err in permitting the prosecutor to ask defendant if he had ever been convicted of a “felony involving theft.” I do not believe that it is necessary at this time to decide what effect Proposition 8 will have on the resolution of similar issues in the future.
I agree with the majority that the failure to instruct on joyriding was error. Since the majority does not reach the question of prejudice, there is no need for me to express my view on that issue.
Respondent’s petition for a rehearing was denied January 27, 1983. Richardson, J., and Kaus, J., were of the opinion that the petition should be granted.