Gascon

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 to qualify a defendant for the alternative sentencing scheme prescribed by the three strikes law? Our answer: Yes for pleading, no for proving. The second question is: Can courts require prosecutors, when moving to eliminate (by dismissal or amendment) from a

2 charging document allegations of prior strikes and sentence enhancements, to base the motion on individualized factors concerning the defendant or the alleged crime? Our answer: No, but courts do not have to grant those motions. (See People v. Nazir (June 2, 2022, B310806) Cal.App.5th (Nazir).) These questions arise out of the decision on November 3, 2020 by the voters of Los Angeles County to elect George Gascón as their district attorney. In December 2020 the new district attorney adopted several “Special Directives” concerning sentencing, sentence enhancements, and resentencing that made significant changes to the policies of his predecessor. In essence,…