People v. Jewell CA4/2

INTRODUCTION

Defendant and appellant Dennis Lloyd Jewell (Jewell) is currently serving a

sentence of 77 years to life in state prison for his 1987 convictions on five counts of

second degree murder and one count of driving a stolen vehicle. Jewell was diagnosed

with terminal lung cancer and is undergoing palliative chemotherapy. The Board of

Parole Hearings (Board) recommended to the superior court that Jewell’s sentence be

recalled and that he be granted a compassionate release under Penal Code1 section 1170,

subdivision (e), because it concluded Jewell had no more than six months to live and he

posed no threat to the public. After a contested hearing, the superior court ruled there

was insufficient evidence for it to conclude Jewell was eligible for release because no

physician opined that Jewell would actually die within six months. The court also ruled

that, because Jewell’s postrelease plan changed after the Board recommended his release,

it could not determine that Jewell posed no risk to public safety. The trial court denied

the Board’s recommendation without prejudice, and defendant timely appealed.

On appeal, Jewell contends the trial court abused its…