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THE ASSN. OF DEPUTY DIST. ATTORNEYS ETC. v. GASCÓN

No. B310845.

79 Cal.App.5th 503 (2022)

THE ASSOCIATION OF DEPUTY DISTRICT ATTORNEYS FOR LOS ANGELES COUNTY, Plaintiff and Respondent, v. GEORGE GASCÓN, as District Attorney, etc., et al., Respondents and Appellants.

Court of Appeals of California, Second District, Division Seven.

June 2, 2022.

Attorney(s) appearing for the Case

Hogan Lovells, Stephanie Yonekura , Neal Kumar Katyal , Jo-Ann Tamila Sagar , Danielle Desaulniers Stempel ; Rodrigo A. Castro-Silva , County Counsel, Adrian G. Gragas , Assistant County Counsel, Jonathan C. McCaverty , Deputy County Counsel; Kendall Brill & Kelly, Robert E. Dugdale and Laura W. Brill for Respondents and Appellants.

Michael Romano , Erwin Chemerinsky , and Miriam Krinsky for 67 Current and Former Elected Prosecutors and Attorneys General as Amicus Curiae on behalf of Respondents and Appellants.

Ricardo D. García , Public Defender (Los Angeles County), Albert J. Menaster , Head Deputy Public Defender, and Mark Harvis , Deputy Public Defender, as Amicus Curiae on behalf of Respondents and Appellants.

Summer Lacey and Tiffany M. Bailey for American Civil Liberties Union Foundation of Southern California as Amicus Curiae on behalf of Respondents and Appellants.

Browne George Ross O'Brien Annaguey & Ellis, Eric M. George , Thomas P. O'Brien , Chistopher Landau , Nathan J. Hochman , David J. Carroll and Matthew O. Kussman for Petitioner and Respondent.

Greg D. Totten ; Robert P. Brown , Chief Deputy District Attorney (San Bernardino), for California District Attorneys Association as Amicus Curiae on behalf of Petitioner and Respondent.

OPINION

INTRODUCTION

This appeal raises two questions concerning the scope of prosecutorial discretion. The first is: Can the voters, through the initiative process, or the Legislature, through legislation, require prosecutors to plead and prove prior convictions...

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