Thornton v. State

The Supreme Court affirmed an order of the circuit court dismissing Appellant's petition to correct an illegal sentence, holding that the circuit court did not err in dismissing the petition.In 2013, Appellant was found guilty of capital murder, felon in possession of a firearm, unauthorized use of a vehicle, and abuse of a corpse. In Thornton I, the Supreme Court reversed and dismissed, holding that the evidence could not sustain the charge of capital murder. After the Court issued its mandate, the State filed a motion for the circuit court to consider lesser-included offenses. The circuit court granted the motion and ruled that the evidence from the 2013 bench trial was sufficient to find Appellant guilty of first-degree murder. The court then entered an amended sentencing order. Appellant filed a petition to correct an illegal sentence, claiming that, by reversing and dismissing his conviction in Thornton I, the Supreme Court reversed and dismissed all of his convictions. The circuit court dismissed the petition. The Supreme Court affirmed, holding that the mandate in Thornton I did not reverse and dismiss Appellant's convictions for felon in possession of a firearm and abuse of a corpse. View "Thornton v. State" on Justia Law