The California Court of Appeal has ruled that the reform-minded district attorney can no longer prohibit his prosecutors from seeking stiffer sentencing enhancements under the 1994 law.
Los Angeles County District Attorney George Gascón cannot prohibit prosecutors from seeking sentencing enhancements for defendants under the state’s “three-strikes” law, the California Second District Court of Appeal ruled Thursday, June 2.
Still, the state’s Constitution and Supreme Court vest district attorneys with sole authority to determine whom to charge, what charges to file and pursue, and what punishment to seek, the appellate court said. The injunction follows a lawsuit filed by the Association of Deputy District Attorneys, which argued that a series of controversial directives issued by Gascón immediately after taking office are unlawful and violate prosecutorial discretion.
“On the issue of standing, we conclude ADDA has associational standing to seek relief on behalf of its members,” the court said. “On the merits, 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 ADDA has been at odds with Gascón since 2019, when he began campaigning for office, and continuing after his election a year later, amid promises of sweeping social justice reforms.have filed lawsuits alleging they were retaliated against and demoted for refusing to carry out Gascón’s policies.
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