Does a defendant have a right to a jury trial on a special circumstance allegation?

Our conclusion was based in part on the unique status of a special circumstance allegation. Although by statute in California the special circumstances which make a defendant eligible for the death penalty are to be charged in the information and found by the jury, there is no constitutional right to a jury trial on that issue which, but for the statutory mandate, would be a sentencing issue. (People v. Odle, supra, 45 Cal.3d 386, 411-412, 247 Cal.Rptr. 137, 754 P.2d 184.)

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