The opinion
FILES, P. J.
I concur in the judgment, which in effect reverses the finding of a special circumstance and the portion of the sentence which is based upon that finding. This concurrence is on the ground that the evidencé is insufficient to support the finding.
I deplore the majority opinion placing the decision upon a supposed defect in the language of the information, an omission which could not have been prejudicial in the context of this case. People v. Walker (1976) 18 Cal.3d 232 [ 133 Cal.Rptr. 520 , 555 P.2d 306 ], which the majority invoked sua sponte, has no relevance to what the court has decided here.
Respondent’s petition for a hearing by the Supreme Court was denied February 11, 1981.