Ford v. Stalder

FOIL, Judge.

At issue in this appeal is whether a parolee, who commits, a felony while on parole, is “serving a sentence” so as to be statutorily ineligible to receive increased diminution of his sentence on the subsequent felony offense. We hold that a parolee is “serving a sentence” and is therefore not entitled to increased diminution of a sentence received for a felony committed while on parole, and reverse the trial court’s resolution of this issue.

FACTS

Billy Ray Ford, a prisoner in the custody of the Department of Public Safety and Corrections (Department), brought this action seeking…