Sanders

On March 14, 1983, we filed our opinion in this matter affirming the judgment of the trial court finding defendant guilty of first degree murder with special circumstances and sentencing defendant to life without possibility of parole.

Subsequently, the Supreme Court granted a hearing and retransferred the matter to this court for consideration “in light of Penal Code section 1260 and People v. Williams, 30 Cal.3d 470 ."

We interpret the order of transfer as directing us to reconsider only defendant’s contention that the trial court should be given an opportunity to consider whether in its discretion, the special circumstance allegation should be stricken thus making defendant eligible for parole.

Before discussing that latter issue, we set forth that portion of our prior opinion which delineates the facts and disposes of the other issues raised by defendant.

A jury found defendant guilty of first degree murder under special circumstances and first degree robbery. Sentence was life without possibility of parole. He appeals from the judgment of conviction entered on the verdicts.

Overwhelming evidence, which included statements made by defendant, established that…