Supreme Court of California

In this case, defendant, who pleaded guilty to one count of violating Insurance Code section 11880(a) and was sentenced to six years in prison, was found to have a terminal medical condition. The staff physician for the California Department of Corrections and Rehabilitation (CDCR) opined that defendant’s life expectancy was possibly less than 6 months. The trial court denied the CDCR’s recommendation to grant defendant compassionate release and thereby recall defendant’s sentence pursuant to Penal Code section 1170(e). The Court of Appeal dismissed defendant’s appeal, finding that the trial court’s denial of the CDCR’s recommendation for compassionate release was a nonappealable order. The Court of Appeal’s decision is reversed, where, if the proceeding is properly initiated by prison or parole authorities as required by law, the trial court’s decision denying compassionate release produces an appealable order that may be appealed by the prisoner.

Appellate Information

• Decided 03/05/2015
• Published 03/05/2015

Judges

• Werdegar

Court

• Supreme Court of California

Counsel