California Supreme Court December 31, 1985, Crim. 22357 (People v. Silbertson)

MOSK, J.

I concur in affirming the judgment as to guilt, but dissent from reversal of the special circumstance finding.

*308I

The majority go astray at the outset of their analysis by assuming that “The only possible exception” to the Carlos rule of reversal “which might possibly apply” is the so-called Cantrell-Thomton exception. (Ante, p. 306.