Can a special circumstance finding and death sentence apply to the crime of conspiracy to commit murder?

Defendant argues that the special circumstances listed in section 190.2, including murder for financial gain, do not apply to the crime of conspiracy. This issue also arose in People v. Lawley (2002) 27 Cal.4th 102, 115 Cal.Rptr.2d 614, 38 P.3d 461. There, the Attorney General conceded that our law did not authorize a special circumstance finding and death sentence for the crime of conspiracy to commit murder. (Id. at pp. 171-172, 115 Cal.Rptr.2d 614, 38 P.3d 461; but see id. at p. 173, 115 Cal. Rptr.2d 614, 38 P.3d 461 (cone. opn. of Baxter, J.) [stating that whether special circumstance allegations can accompany a charge of conspiracy to commit murder "presents a close and difficult question"].) Here, the Attorney General does not concede the issue. We therefore address its merits.