In re Caswell (2001)

In re STEVEN CASWELL, on Habeas Corpus.

[Modification of opinion (92 Cal.App.4th 1017) on denial of petition for rehearing with no change in judgment. Supplemental opinion upon denial of rehearing.]

JONES, P.J.

THE COURT.-

It is ordered that the opinion filed herein on October 10, 2001, be modified as follows:

Delete the following sentence from page 16 [92 Cal. App. 4th 1034, advance report, 3d par., first line]:

"The granting panel's assessment of Caswell's participation in the McCabe offense was a specific finding used to support its ultimate determination of the gravity of Caswell's offenses and his suitability for parole."

Insert the following sentence in its place:

"The granting panel's assessment of Caswell's participation in the McCabe offense was a specific finding, which, in the context of the record before us, was central to its ultimate determination of the gravity of Caswell's offenses and his suitability for parole."

The petition for rehearing is denied.

This modification does not effect a change in the judgment.

Justice Stevens issued the following supplemental opinion upon denial of rehearing:

STEVENS, J.

I would grant the petition for rehearing to consider further whether or not the granting panel's assessment of Caswell's participation in the McCabe offense was a specific finding as to Caswell's suitability for parole.