In re: Frederick W. thornton, III v. Larry Denney, Warden

Frederick W. Thornton III pleaded guilty in October 2007 to driving while intoxicated (or “DWI”). The circuit court found Thornton to be a persistent offender because he had two prior convictions for driving while intoxicated. By finding that Thornton was a “persistent offender” with two prior DWI convictions, rather than a “prior offender” with one previous conviction, the circuit court enhanced Thornton’s current offense from a Class A misdemeanor to a Class D felony. Thornton was given a sentence which exceeded the statutory punishment for a Class A misdemeanor. Thornton filed a petition…