¶1Although I concur in the determination that the judgment be affirmed, I do not agree that, in those cases where a defendant stands convicted of a felony narcotics offense for at least the third time, a provision in the Health and Safety Code which precludes parole consideration for such person for a minimum of five years is so disproportionate that it “shocks the conscience and offends fundamental notions of human dignity” so as to constitute cruel or unusual punishment within the contemplation of our United States and California Constitutions. (In re Lynch (1972) 8 Cal.3d 410 [105 Cal.Rptr. 217, 503 P.2d 921].) I am satisfied, however, that for reasons set forth by my colleague, Mr. Justice Bray, in his opinion, the Supreme Court decision in the case of In re Foss (1974) 10 Cal.3d 910 [112 Cal.Rptr. 649, 519 P.2d 1073], requires that we so hold.
¶2A petition for a rehearing was denied August 6, 1975.