Thornton v. State
Thornton v. State
Opinion of the Court
Susan Thornton appeals the trial court’s order denying her motion for postconviction relief. She argues that her original sentence was a true split sentence and that she could not be sentenced on a violation of community control to more than the suspended term. She is mistaken. The sentence, in the words of Ms. Thornton’s counsel, is “convoluted,” but it is not a true split sentence.
In 2006, Ms. Thornton pleaded guilty to escape from confinement. She negotiated a sentence of two years’ community control, followed by three years’ probation. As part of her sentence, she was to participate in PAR, a residential drug treatment program. Because that program did not have a bed immediately available and Ms. Thornton was subject to a subpoena to testify in a murder trial, the trial court imposed a term of 865 days in jail that would be suspended when a bed was available and her subpoena had expired. The trial court intended this short term in jail, as announced, to be a condition of either her community control or probation.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.