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STATE v. STERLING

No. 2 CA-CR 3990.

148 Ariz. 134 (1985)

713 P.2d 335

The STATE of Arizona, Appellant, v. Francis John STERLING, Appellee.

Court of Appeals of Arizona, Division 2, Department A.

December 19, 1985.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima Co. Atty. by Bill Perry, Tucson, for appellant.

Frederic J. Dardis, Pima Co. Public Defender by Regula Case, Tucson, for appellee.

HOWARD, Judge.

Defendant was found guilty by a jury of kidnapping and, pursuant to an interrogatory submitted to the jury by the trial court, the jury also found that the defendant had not released the victim unharmed in a safe place prior to arrest.1 Defendant's motion for a new trial, wherein he asked that the crime be reduced to a class 4 felony because of a constitutional error in the interrogatory...

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