Prosecutors have a mandatory duty to allege strikes
Association of Deputy District Attorneys for Los Angeles County v. Gascon (Prosecutors have a mandatory duty to allege strikesCal. Ct. App., June 2, 2022, No. B310845) 2022 WL 1797864, at *1–3
Scope of prosecutorial discretion
Issues on appeal: 1. 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? The Court of Appeal ruled: Yes for pleading, no for proving.