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THORNTON v. DENNEY

WD 77276.

467 S.W.3d 292 (2015)

In re: Frederick W. THORNTON, III, Petitioner, v. Larry DENNEY, Warden, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 28, 2015.

Application for Transfer Denied August 18, 2015.

Attorney(s) appearing for the Case

Sean D. O'Brien , Kansas City, MO for petitioner

Andrew T. Bailey and Stephen D. Hawke , Jefferson City, MO for respondent

Before Writ Division: Alok Ahuja, C.J., and Joseph M. Ellis and Thomas H. Newton, JJ.

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...

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