State v. Rose

GORDON, Justice:

Appellant Thomas Laverne Rose, hereinafter referred to as defendant, appeals his conviction for kidnapping and burglary in violation of A.R.S. §§ 13 — 491 D, 13-301 and 13-302. Taking jurisdiction pursuant to 17A A.R.S., Supreme Court Rules, rule 47(e)5, we affirm the kidnapping conviction and reverse the burglary conviction, remanding for a new trial.

In the early morning hours of December 31,1976 the home of John and Donna Cullin was entered illegally. The Cullins, their two children and Donna Cullin’s sister, Dawn Zimmerman were asleep in the house. Donna Cullin awoke to see…