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Name: People v. Andreotti
Case #: C034072
Court: CA Court of Appeal
District 3 DCA
Citation: 91 Cal.App.4th 1263
Summary

State statutes which permit deferred entry of judgment for specified offenders preclude judges from deferring entry of judgment for child molesters absent the prosecutor’s consent. Therefore, the trial court properly declined to grant appellant’s request for deferred entry of judgment absent a motion by the district attorney. Allowing the prosecutor sole discretion to make the charging decision is not a violation of the separation of powers doctrine.

Opinion Date: 08/29/2001