People v. Dews CA5

INTRODUCTION

In 2019, 10 years after defendant Demarqis Deajoan Dews was sentenced to 15 years’ imprisonment, he filed a motion for a “Youth Offender Parole Hearing,” stating he was 19 years old when the offense forming the basis of his convictions was committed. In his motion, defendant asked to make a record before the superior court of mitigating evidence tied to his youth, a proceeding as provided for in People v. Franklin (2016) 63 Cal.4th 261 (Franklin). The court denied the request on the grounds defendant would not be incarcerated during the 15th year of his term, and his determinate term of 15 years did not qualify him for youthful offender parole consideration. In his sole issue on appeal, defendant challenged the court’s order denying the motion, arguing he was eligible for a youth offender parole hearing and seeking a limited remand to prepare a record as provided for in Franklin. Because the defendant has since been released on parole, we dismiss defendant’s appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND

In 2009, a jury convicted defendant of second degree robbery (Pen. Code § 211; count 1), enhanced by an allegation he personally used a firearm (§ 12022.53,…