LOS ANGELES—A California appellate court has ruled that Los Angeles County District Attorney George Gascón can’t reject charging three-strike allegations and sentencing enhancements.
A three-judge panel of the California Second District Court of Appeal on June 2 upheld in a 71-page injunction that “voters and the Legislature created a duty, enforceable in mandamus, 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.”
Gascón argued that he has the authority to order prosecutors not to pursue prior-strike or sentencing enhancements. But the appellate court said he “overstates his authority” and is “an elected official who must comply with the law, not a sovereign with absolute, unreviewable discretion.”
The suit, brought by the Association of Deputy District Attorneys (ADDA), took issue with Gascón’s criminal justice reforms following his election in December 2020.
Gascón, who was elected by Angelenos on a promise to change the criminal justice system, introduced several “bold steps” for reform, such as holding accountable law enforcement officers who violate the law, no longer charging minors as adults, eliminating many sentencing enhancements including firearms, ending the death penalty, and removing cash bail for misdemeanors or nonviolent felony crimes.
Last year, Los Angeles Superior Court Judge James C. Chalfant sided with the district attorney’s association, arguing that Gascón can’t order blanket rulings for prosecutors to ignore laws the union argues are for public safety, including the three-strike cases and sentencing enhancements.
California’s Three Strike Law, established in 1994 after voters largely approved Proposition 184, required defendants convicted of a new felony to serve their sentences twice as long as a normal prison term. After two or more felony strikes, the law required at least 25 years in prison to life. Opponents of the law say this has led to mass incarceration of minorities.
“Today, the judiciary affirmed the rule of law,” ADDA Vice President Eric Siddal said on Twitter. “Gascón’s authority is not absolute. He must follow the rules. While we are heartened by the court’s ruling, we continue to be disappointed that L.A.’s chief prosecutor forced us to take him to court to stop him from breaking the law.”
Former District Attorney Steve Cooley told The Epoch Times that Gascón’s policies have “endangered” public safety.
“Now the courts are telling him that some are downright illegal,” Cooley said. “His combination of ineptness as a lawyer and dangerousness as a prosecutor have come together.”
Now, Gascón faces a recall campaign that has just a month left to gather the needed signatures, or 10 percent of all registered Los Angeles County voters, to trigger a recall election on Nov. 8. The recall is supported by the ADDA along with several other high-profile law enforcement personnel, such as Los Angeles County Sheriff Alex Villanueva and the Los Angeles Police Protective League.
Gascón’s office didn’t respond to a request for comment by press time.
