Constitutionality of Three Strikes Law--Requiring Prosecutors to Plead and Prove Prior Convictions

Constitutionality of Three Strikes Law–Requiring Prosecutors to Plead and Prove Prior Convictions

Topic: Areas of Constitutional Law (CA), Pleadings, Sentencing

Status/Court: Pending CA Supreme Court

Case Name: The Association of Deputy District Attorneys v. Gascón (2022) 79 Cal.App.5th 503, review granted 8/31/2022

Case #: S275478/B310845

Last Updated: August 31, 2022

(1) Does the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) violate the separation of powers doctrine by requiring prosecutors to plead and prove prior qualifying felony convictions? (2) If there is a duty to plead prior qualifying convictions, is mandamus the proper remedy to compel a prosecutor to act?

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