MICHAEL W. KINNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Florida appellate court affirmed convictions for attempted first-degree murder, robbery with a weapon, and grand theft, but vacated enhanced sentences for attempted first-degree murder and grand theft because the record did not sufficiently demonstrate compliance with habitual offender sentencing requirements under Florida Statutes § 775.084.
Enhanced sentences for attempted first-degree murder and grand theft must be vacated where the record does not sufficiently show the defendant was properly determined to be a habitual offender under Florida Statutes § 775.084.
[1] Enhanced sentences imposed as a habitual offender must be vacated where the written judgment and sentencing record do not sufficiently demonstrate the defendant was prope…
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Join FLexlaw to unlock all legal intelligenceMichael W. Kinney was convicted of attempted first-degree murder, robbery with a weapon, and grand theft. The trial court sentenced him as a habitual …
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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 habitual offender, and the record, including the sentencing hearing, does not sufficiently show Kinney was properly determined to be a habitual offender in accordance with section 775.084, Florida Statutes (1981).
Accordingly, the three convictions and sentence for robbery with a weapon are affirmed. The sentences for attempted first degree murder and grand theft are vacated, and the trial court is directed on remand to impose either standard sentences for those two convictions or appropriate enhanced sentences only after a determination pursuant to section 775.084 that Kinney is indeed a habitual offender. AFFIRMED in part, REVERSED in part.
DANAHY and SCHOONOVER, JJ., concur.
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Citator
Cited By
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Kinney v. State, 458 So. 2d 1191 (Fla. 2d DCA 1984)…ence indicated that defendant was found to be an habitual felony offender [*1192] (the purported basis for the enhanced sentences) and the procedural requisites of section 775.084, Florida Statutes (1981), were not followed. Accordingly, this court, 441 So. 2d 1163, remanded for resentencing. On remand, the trial court resentenced defendant as it did earlier, except that the 10-year grand theft sentence was to run consecutive to the 50-year robbery sentence instead of concurrently with the attempted murder se…
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State v. Kinney, 670 So. 2d 1093 (Fla. 2d DCA 1996)…ears in prison for the grand theft. The robbery sentence was ordered to run consecutively and the grand theft sentence concurrently to the attempted murder sentence. Appellee appealed the convictions and the sentences. This court in Kinney v. State, 441 So. 2d 1163 (Fla. 2d DCA 1983), affirmed all three convictions and the robbery sen [*1094] tence. We vacated the enhanced sentences for attempted murder and grand theft because neither the written judgment nor the sentence indicated that appellee was found to b…
Authorities Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968)