California, United States of America
The following excerpt is from People v. Cartwright, 39 Cal.App.4th 1123, 46 Cal.Rptr.2d 351 (Cal. App. 1995):
The primary duties of the office of trial judge and prosecutor have not been changed by the "three strikes" law. Their discretion in sentencing or [39 Cal.App.4th 1134] prosecuting defendants has never been absolute. (See, e.g., 969 [requiring that all previous convictions be charged]; 1192.7 [limitation on plea bargaining]; 1203.06 [no probation for certain offenses]; 1385, subd. (b) [restriction on court's power to strike prior conviction for serious felony].) Since the new restrictions in the "three strikes" law are not unduly or materially and substantially different from those already imposed, they do not constitute a "change" in duties. (Davis v. County of Los Angeles (1938) 12 Cal.2d 412, 424, 84 P.2d 1034.)
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