What is the test for waiver of a defendant's right to a jury trial on special circumstance allegations?
California, United States of America
The following excerpt is from People v. Simpson, 2 Cal.App.4th 228, 2 Cal.Rptr.2d 589 (Cal. App. 1991):
We conclude that the trial court correctly found that appellant made an intelligent, voluntary and complete waiver to all of his constitutional guarantees, including his right to a jury trial on the special circumstance allegations. Even were we to reach an opposite conclusion, any error would be [2 Cal.App.4th 237] harmless beyond a reasonable doubt in view of the overwhelming evidence of the fact that appellant committed the murder in the course of a burglary and/or robbery. (People v. Moreno (1991) 228 Cal.App.3d 564, 573-579, 279 Cal.Rptr. 140.)
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