In Owen v. Superior Court (1979) 88 Cal.App.3d 757, it was held that a charge of "special circumstances" was improperly based upon allegations of conspiracy to commit murder. The court reasoned that, "the Legislature did not intend a charge of special circumstance where no death occurs." (Id., at p. 761.) The ruling was based upon the view that the use of conspiracy to elevate punishment based upon "special circumstances," absent actual homicide, was inconsistent with the legislative intent. (Id., at p. 762.)