Berger

Defendant Berger and eodefendant Ruggiero were convicted by a jury of first degree robbery (Pen. Code,

§ 211); defendant also was found guilty of kidnaping for the purpose of robbery (Pen. Code, § 209). He admitted four prior felony convictions — grand theft (1946), burglary (1950), burglary (1955) and robbery (1955). Berger appealed from the judgment. On February 5, 1968, this court filed its opinion and entered its judgment affirming the judgment of conviction. (People v. Berger, 258 Cal.App.2d 622 [ 66 Cal.Rptr. 213 ].) A petition for rehearing was denied February 23, 1968, and petition for a hearing by the Supreme Court was denied April 4, 1968. Thereafter on January 13, 1969, the Supreme Court of the United States granted defendant’s petition for writ of certiorari and ordered the judgment of this court be vacated and the case remanded for consideration in the light of Barber v. Page, 390 U.S. 719 [ 20 L.Ed.2d 255 , 88 S.Ct. 1318 ]). Accordingly on February 7, 1969, the cause was remanded for further proceedings in conformity with the judgment of the Supreme Court of the United States; thus, the matter is before us for consideration in the light of that court’s decision in…