Nichols

On December 22, 1977, we filed our opinion in the case at bench. Our Supreme Court granted respondent’s petition for hearing, thereby wiping the jurisprudential slate clean of the blot of our opinion. On July 5, 1978, our high court retransferred the matter to us “for refiling of [our] opinion with appropriate references to Addison v. State of California (1978) 21 Cal.3d 313 [ 146 Cal.Rptr. 224 , 578 P.2d 944 ],” a case arising out of the First District in which hearing was granted at about the same time as the hearing grant in the case at bench.

We here seek to carry out the Supreme Court’s mandate. At the outset, we face respondent’s contention that the order of the high court places the case at large and subject to rebriefing and presumably further oral argument. Concluding that we cannot “refile” our earlier opinion with an “appropriate reference to Addison” if we in fact rewrite the earlier opinion in any way other than to include the reference we deny respondent’s request for further briefing and argument. Because the mandate from the Supreme Court makes no reference to publication per rule 976, California Rules of Court, we do not modify our prior order for…