In Re Earley

*125Opinion

BURKE, J.*

This is an appeal by the People from a Marin County Superior Court order granting a writ of habeas corpus. (See Pen. Code, § 1506.)1 The People’s sole contention is that the court erred in determining that Wayne D. Earley’s conduct was not prohibited by section 209 (kidnaping for the purpose of robbery) as construed in People v. Daniels, 71 Cal.2d 1119 [80 Cal.Rptr. 897, 459 P.2d 225, 43 A.L.R.3d 677].

In 1967 Earley was found guilty by a jury in the Alameda County Superior Court on one count of kidnaping for the purpose of robbery (§ 209) and one count of first degree robbery…