California Supreme Court Watch

#22-241 The Association of Deputy District Attorneys v. Hochman, S275478. (B310845; 79 Cal.App.5th 503; Los Angeles County Superior Court; 20STCP04250.) Petition for review after the Court of Appeal affirmed in part and reversed in part a petition for writ of mandate or prohibition. This case presents the following issues: (1) Does the Three Strikes law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12) violate the separation of powers doctrine by requiring prosecutors to plead and prove prior qualifying felony convictions? (2) If there is a duty to plead prior qualifying convictions, is mandamus the proper remedy to compel a prosecutor to act?

Petition for review granted: 8/31/2022

Case fully briefed: 3/23/2023

Supplemental brief filed: 6/30/2023

Dismissed as moot: 8/20/2025

“Plaintiff’s motion to dismiss, filed on December 18, 2024, is granted. Review in the above-entitled matter, which was granted on August 31, 2022, is hereby dismissed as moot. (Cal. Rules of Court, rule 8.528(b)(1).) The opinion filed by the Court of Appeal on June 2, 2022, sub nom. The Assn. of Deputy Dist. Attorneys etc. v. Gascon, which appears at 79 Cal.App.5th 503, is hereby ordered not citable and nonprecedential. (Cal. Const., art. VI, section 14; Cal. Rules of Court, rule 8.1125(c)(2).)”

Votes: Guerrero, C. J., Liu, Kruger, Jenkins and Evans, JJ.

Corrigan, J., was absent and did not participate.

Groban, J., was recused and did not participate.

See the Court of Appeal Opinion.

In the news: Egelko, State Supreme Court will decide if progressive prosecutors like George Gascón can use discretion in three-strikes cases, S.F. Chronicle (Aug. 31. 2022)