What are the implications of the provisions in the Criminal Code requiring the Attorney General to approve a motion to dismiss, strike or dismiss a prior conviction?
California, United States of America
The following excerpt is from People v. Mills, 43 Cal.App.4th 1250, 51 Cal.Rptr.2d 168 (Cal. App. 1996):
Appellant contends that these provisions require prosecutorial approval of the court's attempt to exercise discretion to dismiss or strike the prior conviction, and constitutes a grant of such unfettered prosecutorial discretion over the court that it is an unconstitutional violation of the separation of powers doctrine as set forth in People v. Tenorio, supra, 3 Cal.3d 89, 89 Cal.Rptr. 249, 473 P.2d 993.
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