PEOPLE v. PAYNE (1988)

The above-entitled cause is transferred to the Court of Appeal, First Appellate District, Division Three for reconsideration in light of People v. Odle (1988) 45 Cal.3d 386, 410–415, 247 Cal.Rptr. 137, 754 P.2d 184, People v. Anderson (1987) 43 Cal.3d 1104, 1138–1148, 240 Cal.Rptr. 585, 742 P.2d 1306, and People v. Warren and Warren (1988) 45 Cal.3d 471, 486–488, 247 Cal.Rptr. 172, 754 P.2d 218.

Appellant's motion of December 7, 1988 to file a brief on the merits is denied.

LUCAS, C.J., and PANELLI, ARGUELLES, EAGLESON and KAUFMAN, JJ., concur.