What is the test for a jury to disregard a prior murder conviction?

Although constitutional validity of the prior murder conviction is not an element of the special circumstance, the court must adjudicate that issue, if raised, pursuant to the procedure set forth in People v. Coffey (1967) 67 Cal.2d 204, 60 Cal.Rptr. 457, 430 P.2d 15 and People v. Sumstine (1984) 36 Cal.3d 909, 206 Cal.Rptr. 707, 687 P.2d 904. "A jury can no more be expected to disregard a 'true' prior conviction because of its unconstitutionality than it can be expected

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