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SAWYER v. SALISBURY, SUPT., CHILLICOTHE CORRECTIONAL INSTITUTION.

Habeas corpus — Does not lie, when — Parolee sentenced on conviction of new felony — Sentences run consecutively, when.

Per Curiam.

The provision of R.C. 2967.25 relied upon by petitioner does not apply to a parolee or parole violator who is sentenced upon conviction of a new felony. R. C. 2967.25(C). Thus, petitioner's sentences run consecutively and have not yet expired. Petitioner is not entitled to release from custody.

Petitioner remanded to custody.

O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.

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SAWYER v. SALISBURY
(Mar 10, 1971)