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STATE v. RAINWATER

No. 1 CA-CR 95-0589-PR.

187 Ariz. 603 (1996)

931 P.2d 1113

STATE of Arizona, Petitioner, v. William Oris RAINWATER, Respondent.

Court of Appeals of Arizona, Division 1, Department C.

Review Granted February 26, 1997.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Diane E.W. Gunnels, Deputy County Attorney, Phoenix, for Petitioner.

Dean M. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for Respondent.

OPINION

FIDEL, Judge.

In State v. McMillen, 154 Ariz. 322, 742 P.2d 823 (App. 1987), Division Two of this court concluded that attempted kidnapping is cognizable only as a class 5 felony. We reject that holding in this case.

William Oris Rainwater, indicted for first degree murder, assault, and kidnapping, pled guilty to attempted kidnapping, described in his plea agreement...

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