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Appeal won't change case's jurisdiction

A lawyer wanted a special hearing to consider Thornton's legal advice in his plea.

By Times Staff Writer
Published December 27, 2006

William Thornton's appeal is pending before the 5th District Court of Appeal in Daytona Beach, and that court has ruled that there won't be any legal detour back to a Citrus County courtroom.

Thornton, 19, is serving a 30-year prison term for two counts of vehicular homicide. He pleaded no contest in 2004.

Last month, Assistant Public Defender Nancy Ryan, who works in Daytona Beach and represents Thornton before the appellate court, sought a legal detour.

She said Circuit Judge Ric Howard, who handed down the sentence and later denied Thornton's request to withdraw his plea and start over, should preside over a special hearing dedicated solely to answering one question: Did Thornton received proper legal advice back when he entered his plea?

On Dec. 14, the appellate court said no such hearing would be allowed at this time. Technically speaking, it declined to relinquish jurisdiction of the case.

There was no plea bargain in place when Thornton entered his plea, and he later said he expected a lighter sentence.

Saying he had been misled by his public defenders, Thornton sought permission to withdraw his plea.

But Howard ruled that Thornton entered his plea voluntarily and knowingly. The sentence would stand.

When ruling, Howard said the public defender who represented Thornton had provided effective assistance of counsel.

But Ryan said the question of that effectiveness "was not expressly argued." She wanted a special hearing before Howard to address that question.

The crash happened just before midnight Dec. 28, 2004.

Thornton was speeding home to Sumter County after visiting his girlfriend in Citrus. He skidded through a stop sign and onto State Road 44 in Lecanto.

His vehicle collided with a sport utility vehicle carrying Brandon Mushlit, 25, and his girlfriend, Sara Jo Williams, 23. 

[Last modified December 27, 2006, 06:12:22]