I concur in the judgment and reasoning of the court in all respects except as to its conclusion there were justifiable circumstances to permit a warrantless search of the truck. Admittedly, this is an area of considerable confusion. (See, e.g., People v. Rodriguez (Crim. 21522) petition for hearing granted by the California Supreme Court on June 19, 1980.) Based upon existing precedent, the admission of the weapon was error. However, any error is harmless beyond a reasonable doubt. The weapon was only cumulative to the testimony from the witnesses who personally observed the shooting and who identified both the vehicle and the defendant.
Appellant’s petition for a hearing by the Supreme Court was denied September 4, 1980.