California Supreme Court Watch

#22-241 The Association of Deputy District Attorneys v. Gascón, S275478. (B310845; 79 Cal.App.5th 503; Los Angeles County Superior Court; 20STCP04250.) Petition for review after the Court of Appeal affirmed in part and reversed in part a petition for writ of mandate or prohibition. This case presents the following issues: (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?

Petition for review granted: 8/31/2022

Case fully briefed: 3/23/2023

Supplemental brief filed: 6/30/2023

See the Court of Appeal Opinion.

In the news: Egelko, State Supreme Court will decide if progressive prosecutors like George Gascón can use discretion in three-strikes cases, S.F. Chronicle (Aug. 31. 2022)