Burney v. State

MILLS, Judge.

Kelvin Dewitt Burney appeals from his conviction and sentence for unarmed robbery, and from the sentence imposed after a guilty plea to a second charge of unarmed robbery. While we affirm the conviction, both sentences must be reversed.

At 2:00 a.m. on 3 February 1987, a man, positively identified by the clerk who was robbed as the defendant in this case, entered a convenience store and forced the *796clerk to put cash into a paper bag by pretending to have a gun in his pocket. At 6:00 p.m. on 3 February 1987, a man, again positively identified at trial as defendant, reentered the…