concurring specially.
I concur in the opinion of the majority save and except for my reservations relative to the constitutionality of failing to involve the jury in the capital sentencing process which reservations I have expressed in State v. Sivak, 105 Idaho 900, *774674 P.2d 396 (1983) and State v. Creech, 105 Idaho 362, 670 P.2d 463 (1983).