Democrat DA suffers big blow as court says he cannot ignore Three Strik
From Johnny@21:1/5 to All on Fri Jun 3 08:35:37 2022
By Louis Casiano
Published June 2, 2022
A California appeals court on Thursday upheld an injunction that said
Los Angeles County District Attorney George Gascon can't refuse to
charge three-strike cases, which can significantly increase prison
The court affirmed an earlier ruling that said the directive not to
charge strikes against defendants violates state law and the rights of prosecutors in Los Angeles County.
"On the merits, we conclude the voters and the Legislature created a
duty, enforceable in mandamus, that requires prosecutors to plead prior
serious or violent felony convictions to ensure the alternative
sentencing scheme created by the three strikes law applies to repeat offenders," the ruling said. "The district attorney overstates his
authority. He is an elected official who must comply with the law, not
a sovereign with absolute, unreviewable discretion."