Schoenfeld

Plaintiff Richard Schoenfeld is currently incarcerated for crimes he committed approximately 35 years ago. On October 30, 2008, the Board of Parole Hearings (Board) found him suitable for parole. On August 14, 2009, at a hearing to calculate his release date under applicable indeterminate sentence law (ISL) regulations, the Board panel stated its disagreement with the 2008 suitability finding and ordered a rescission hearing. It did not calculate an ISL release date. Schoenfeld filed a petition for a writ of ordinary mandamus in superior court challenging the setting of a rescission hearing. He appeals from the judgment denying his petition. As he did below, Schoenfeld contends the 2008 suitability finding was “final” and thus precluded the Board from taking any action on August 14, 2009, other than calculating his ISL release date. He further asserts scheduling a rescission hearing pursuant to current regulations is an ex post facto violation. We affirm the judgment denying his writ petition.

Background

The facts and circumstances of Schoenfeld’s crimes are set forth in our opinion affirming his conviction, People v. Schoenfeld (1980) 111 Cal.App.3d 671 [ 168 Cal.Rptr.…