In Re Prewitt

We issued an order to show cause in response to an application by Robin Lin Prewitt for a writ of habeas corpus wherein he complains that an Adult Authority (Authority) order improperly re scinded a prior grant of parole, fixed his term, at maximum and provided that the Authority would not consider future applications for fixing his term at less than maximum or for granting parole. Since filing his petition he has further complained of a denial of procedural due process protections claimed to have been afforded pursuant to Morrissey v. Brewer (1972) 408 U.S. 471 [ 33 L.Ed.2d 484 , 92 S.Ct. 2593 ], filed by the Supreme Court after the filing of the petition herein.

In the case of In re Minnis (1972) 7 Cal.3d 639 [ 102 Cal.Rptr. 749 , 498 P.2d 997 ], we held that periodic reconsideration of Authority orders which deny parole or refuse to fix a term at leás than maximum is essential to achieve the purposes of the Indeterminate Sentence Law and the parole system (see Pen. Code, §§ 1168, 1168a, 3020), and: that failure to afford such review constitutes an abuse of discretion. (Id. at pp. 645-647.) For reasons which hereinafter appear, petitioner is entitled only to that…