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

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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