Dolby v. State

OPINION

Robert Dolby, Jr., appeals from his conviction of attempted second degree kidnapping and attempted murder and from the district court’s order amending the sentence for the attempted murder count. For the reasons set forth below, we affirm the convictions, vacate the amended sentence imposed for attempted murder and reinstate the lawful ten-year sentence initially imposed.

In the span of half an hour, Dolby tried to kidnap a woman and attempted to murder an eighty-year-old man. During the commission of a robbery against the eighty-year-old man Dolby repeatedly kicked the man in the head.…