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Name: People v. Andreotti
Case #: C034072
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/29/2001
Subsequent History: Mod. on Denial of Rehg. September 26, 2001; Rev. Denied December 12, 2001

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.