BIRD
PEOPLE
v.
Bartolo Giovanni VIVENZI.
Supreme Court of California,
In Bank.
Prior report: Cal.App., 219 Cal.Rptr. 551.
The cause is transferred to the Court of Appeal, First Appellate District, Division One, for reconsideration in light of People v. Croy, (1985) 41 Cal.3d 1, 221 Cal.Rptr. 592, 710 P.2d 392, with directions to invite briefs and hear argument on the question of whether the instructional error was prejudicial given that the jury found both that defendant was guilty of conspiracy and that the kidnaping was an overt act committed in furtherance of the conspiracy. (C.T. p. 172. See People v. Croy, supra, 41 Cal.3d at 12 fn. 5, 221 Cal.Rptr. 592, 710 P.2d 392; People v. Martin (1983) 150 Cal.App.3d 148, 164, 197 Cal.Rptr. 655.)
Defendant's application for release on bail is denied without prejudice to renewal in the Court of Appeal.
BIRD, C.J., and BROUSSARD, REYNOSO, GRODIN, LUCAS and PANELLI, JJ., concur.