The opinion
MOSK, J.
I dissent.
In People v. Sheldon (1989) 48 Cal.3d 935 [ 258 Cal.Rptr. 242 , 771 P.2d 1330 ] (hereafter Sheldon I), this court vacated the original judgment imposing a sentence of death for redetermination of the automatic verdict-modification application which the trial court had erroneously denied. I would have reversed the judgment in that regard for various instances of prejudicial misconduct by the prosecutor and prejudicial error by the trial court. (Id. at pp. 963-969 (conc. & dis. opn. of Mosk, J.).) On remand, after again denying the automatic verdict-modification application, the trial court reinstated the judgment. The majority now conclude that affirmance is in order. I cannot agree. I adhere to the views I expressed in Sheldon I: reversal of the judgment is required insofar as it imposes the sentence of death.