Rainwater v. State

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 based upon its own determination that the defendant, having entered a plea of guilty to attempted kidnapping, was properly convicted of a class 3 felony. State v. Rainwater, 187 Ariz. 603, 931 P.2d 1113…