Is a defendant entitled to a defense to a special circumstance allegation?

Indeed, even when measured by the standards applicable to civil cases, defendant's contention appears to have merit. In Linsk v. Linsk (1969) 70 Cal.2d 272, 278, 74 Cal.Rptr. 544, 449 P.2d 760, we noted: "If counsel merely employs his best discretion in protecting his client's rights and achieving his client's fundamental goals, his authority to proceed in any appropriate manner has been unquestioned. On the other hand, if counsel abdicates a substantial right of the client contrary to express instructions, he exceeds his authority." It would be difficult to deny that the right to present a defense to a special circumstance allegation is "a substantial right" of the defendant.