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Name: In re Caswell
Case #: A093799
District 1 DCA
Division: 5
Opinion Date: 10/10/2001
Subsequent History: Reh. denied 11/8/01. Rev. denied 1/23/02.
Summary

Caswell was granted parole by the Board of Prison Terms (BPT) in 1986, with a release date in 2000. In 1999, BPT found good cause and rescinded the date. The trial court granted Caswell’s writ of habeas corpus and reinstated the date, and BPT appealed. Here the Court of Appeal reversed. BPT is authorized to rescind a parole date for good cause, not limited to those enumerated in Title 15. There must be a factual underpinning for the finding of good cause. While BPT cannot rescind a date arbitrarily, it does not abuse its discretion when it has some basis in fact for its decision. Here, the BPT determined that the granting panel did not conduct an in-depth discussion of the offense, it did not mention stayed convictions, and it should have found aggravation in that Caswell was an integral part of the offenses rather than mitigation in that he was not the shooter. These factors support the BPT’s interpretation that the panel gave inadequate consideration to the gravity of the offenses, and recission of the parole date was justified.