Later courts went against this
Disapproved on other grounds by People v. Correa, 54 Cal. 4th 331 (2012)
32 Cal.4th 944, 953 , disapproved on another ground in People v. Correa, supra, 54 Cal.4th 331
The opinion
MORENO, J., Concurring.
I agree with the majority’s reasoning and result. I also agree with the second point of Justice Baxter’s concurring opinion. (See cone. opn. of Baxter, J., ante, at p. 956.)