Appeals Court Orders LA County DA Gascn to Enforce Three-Strikes, Special Circumstances

[ripcord]

Source: NBC4 Los Angeles

A three justice panel of the California Appeals Court ruled Thursday that LA County District Attorney George Gascón cannot order prosecutors to sidestep elements of the state's 3-strikes law that may increase prison terms when filing criminal charges, and cannot order prosecutors to drop or withdraw special circumstance allegations that could lead to sentences of life without the possibility of parole.

"We conclude the voters and the Legislature created a duty…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 Appeals Court said.

The opinion followed a ruling by an LA Superior Court judge last year who found Gascón had exceeded his authority when he ordered prosecutors to dismiss or ignore prior convictions in many cases where those priors would increase the sentence of a person convicted of a new crime.

The Appeals opinion also said, however, that the 3 strikes law does not require prosecutors to prove that those prior convictions, or strikes, are true, and said prosecutors could ask to eliminate or drop sentencing enhancements for reasons unrelated to an individual defendant or the evidence in a specific case.

Read more: https://www.nbclosangeles.com/investigations/appeals-court-orders-la-county-district-attorney-george-gascon-three-strikes-special-circumstances/2908106/

[ck4829]

1. Or what?

[oldsoftie]

2. I would think the State has a way to remove him from office.

I think there's already a recall underway from the voters.

[ck4829]

4. That's up to the people, they're not doing the bidding of the court

[ripcord]

6. Actually Gascon isn't following the will of the voters

The voters passed the three strikes law that Gascon refuses to enforce, he is already facing recall after the Hannah Tubbs fiasco so I hope he thinks his actions through a bit better.

[Just_Vote_Dem]

3. 3 strikes laws are ridiculous IMO n/t

[PSPS]

5. Yes, they are. Justice isn't a baseball game.

[msfiddlestix]

7. I feel like California State officials (AG's office?) has taken action to repeal 3 strikes...(???)

I haven't researched to check my memory of the facts on this.. I feel like something to this effect occurred in recent years. Also, the prison system is overpopulated, 3 strikes has been seen as a significant factor.

I dunno, but it seems like the 3 strikes has been abused by District Attorneys and Prosecutors over the years...

these thoughts are my impressions of bits of memory of what I believe has evolved around the 3 strikes law and which are considered racists and draconian by people of color generally speaking.