State v. Rainwater

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 as a “class 3 dangerous felony.” Rainwater was sentenced in September 1994 to an aggravated ten-year prison term.

In December 1994, Rainwater petitioned for post-conviction relief, alleging that he had been illegally sentenced…