Kinney v. State

RYDER, Acting Chief Judge.

Michael W. Kinney appeals his convictions and sentences for attempted first degree murder, robbery with a weapon, and grand theft. Kinney contends the trial court erred in denying his motion to suppress and in sentencing him as a habitual offender with respect to the first degree murder and grand theft convictions. We find no merit in Kinney’s first contention. See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). However, we must vacate the enhanced sentences because neither the written judgment nor the sentence indicates Kinney was found to be a…