¶1specially concurring.
¶2I specially concur with the remand for a new sentencing proceeding for the reasons stated, and specially concur in the majority opinion except as to the constitutionality of the death penalty for the reasons set forth in my dissent in State v. Garcia, 99 N.M. 771, 664 P.2d 969, cert. denied, — U.S. -, 103 S.Ct. 2464, 77 L.Ed.2d 1341 (1983), which I feel adequately sets forth my reasons for believing that equally culpable people can be treated differently by sentencing juries in this state.