Gascon v. the Association of Deputy District Attorneys for Los Angeles County
Intermediate court held that three strikes law’s requirement that prosecutors plead and prove prior convictions that qualify defendants for longer sentences partially violates state constitution’s separation of powers. The court ruled that compelling prosecutors to plead prior strikes does not materially infringe their charging discretion, but requiring them to exercise discretion in a particular way to prove alleged strikes or when seeking to dismiss alleged strikes violates separation of powers. An appeal is pending before the California Supreme Court.
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