In re Minnis

In In re Minnis (1972) 7 Cal. 3d 639, a decision under the indeterminate sentencing law, the court reached a similar conclusion. On initial consideration, the former Adult Authority, which was responsible for both fixing terms and granting parole, set the petitioner's term at maximum, denied parole, and ordered that there would be no further consideration, apparently based upon the type of offense committed by the prisoner. ( Id. at p. 642.) The court concluded that, in view of the circumstances of the petitioner's offense, the Adult Authority could reasonably set the term at maximum and deny parole at the initial hearing; but it could not refuse in advance to consider future applications. ( Id. at p. 647.) To do so would deprive the petitioner of the individualized consideration to which he was entitled. (Ibid.)