(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?
Case: The Association of Deputy District Attorneys v. Gascón (2022) 79 Cal.App.5th 503, review granted 8/31/2022
Case Number: S275478/B310845
Updated: August 31, 2022