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STATE v. McMILLEN

No. 2 CA-CR 4288.

154 Ariz. 322 (1987)

742 P.2d 823

The STATE of Arizona, Appellee, v. Merle Richard McMILLEN, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied May 12, 1987.

Review Denied September 15, 1987.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Janet Keating, Phoenix, for appellee.

Frederic J. Dardis, Pima County Public Defender by Rebecca A. McLean, Tucson, for appellant.

OPINION

FERNANDEZ, Judge.

Appellant Merle McMillen was sentenced to an aggravated term of 10 years after a jury conviction of the crime of attempted kidnapping, a class 3 felony. We agree with appellant's contention that he was sentenced under the wrong class of felony and remand for resentencing.

Appellant was seen driving slowly near the area of Blenman Elementary School in Tucson on January 30, 1985, wearing a ski mask. Tucson police officer Richardson...

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