I concur in the majority opinion in all respects, with the exception that under Discussion, section A, subtitled “Challenge to Code of Civil Procedure section 223,” I concur in the result only. I would base my holding on the reasoning expressed in People v. Boulerice, ante, page 463 [7 Cal.Rptr.2d 279], filed simultaneously with this opinion.
Appellants’ petition for review by the Supreme Court was denied June 18, 1992.