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RAINWATER v. STATE

No. CR-96-0506-PR.

943 P.2d 727 (1997)

189 Ariz. 367

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

Supreme Court of Arizona, En Banc.

August 12, 1997.

Attorney(s) appearing for the Case

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

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

OPINION

JONES, Vice Chief Justice.

We are presented with conflicting opinions between Divisions One and Two of the Court of Appeals. In State v. McMillen, 154 Ariz. 322, 742 P.2d 823 (Ariz.App.1987), Division Two held that the crime of attempted kidnapping is cognizable in Arizona solely as a class 5 felony. In the instant case, Division One expressly rejected the Division Two holding...

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