Gascón’s office said the June ruling by three-judge panel of the California Second District Court of Appeal requiring prosecutors to file such allegations “sets a dangerous precedent.&#…
Los Angeles County District Attorney George Gascón announced on Thursday, July 14 that he is going to the state Supreme Court to challenge an appellate ruling that blocked a directive he issued preventing prosecutors from alleging prior-strike allegations.
“The court is effectively taking the charging decision out of the prosecutor’s hands — the core function of a prosecutor’s office,” according to the statement from the D.A.’s Office. “The decision also forces prosecutors around California to ignore important research that shows longer prison sentences do not lead to increased public safety and to ignore the unique factors of each individual case that militate against using strikes.
Last year, Los Angeles Superior Court Judge James C. Chalfant ruled largely in favor of the association, saying Gascón cannot issue a blanket order telling prosecutors to ignore laws the ADDA contends were designed to protect the public, including three-strike allegations and sentencing enhancements.
Gascón had argued that he has discretion of whether to allege prior convictions or sentencing enhancements.
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