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State Supreme Court will decide if progressive prosecutors like George Gascón can use discretion in three-strikes cases

Gascón, elected district attorney in Los Angeles County in 2020, has instructed prosecutors in his office not to seek added sentences for second or third strikes. But a state appeals court ruled in June that the law — which contains language saying it “shall be applied in every case” — requires prosecutors to charge all strikes on a defendant’s record.

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