I concur for the reasons stated in Hawkins v. Superior Court (1978) ante, page 584 [150 Cal.Rptr. 435, 586 P.2d 916]. I do not agree with the majority’s reasoning in this case, however, because I do not agree with the decision in People v. Peters (1978) 21 Cal.3d 749 [147 Cal.Rptr. 646, 581 P.2d 651].
Tobriner, J., concurred.