What is the test for a waiver of the right to jury trial of special circumstance allegations?
California, United States of America
The following excerpt is from People v. Diaz, 11 Cal.Rptr.2d 353, 3 Cal.4th 495, 834 P.2d 1171 (Cal. 1992):
I concur in the result reached by the court. However, I believe People v. Memro (1985) 38 Cal.3d 658, 214 Cal.Rptr. 832, 700 P.2d 446 was wrongly decided and should be overruled insofar as it purports to require a "separate" waiver of the right to jury trial of special circumstance allegations.
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