State v. McMillen

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 stopped appellant and inquired about his expired license plate. Appellant produced a temporary drive-out sticker from the glove compartment.…