California, United States of America
The following excerpt is from People v. Loomis, 37 Cal.App.4th 1781, 44 Cal.Rptr.2d 775 (Cal. App. 1995):
Taken together, this line of cases establishes that "... when a district attorney is given a role during the 'judicial phase' of a criminal proceeding, such role will violate the separation-of-powers doctrine if it [37 Cal.App.4th 56] accords the district attorney broad, discretionary decisionmaking authority to countermand a judicial determination...." (Davis v. Municipal Court (1988) 46 Cal.3d 64, 85, 249 Cal.Rptr. 300, 757 P.2d 11.) We now consider whether section 667, subdivision (f)(2) impermissibly vests in the district attorney the power to foreclose the proper exercise of judicial power.
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