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STATE v. TAMPLIN

No. 2 CA-CR 3588.

146 Ariz. 377 (1985)

706 P.2d 389

The STATE of Arizona, Appellee, v. David TAMPLIN, Jr., Appellant.

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

Review Denied September 24, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Crane McClennen, Phoenix, for appellee.

Frederic J. Dardis, Pima County Public Defender by Michael B. Bernays, Tucson, for appellant.

OPINION

BIRDSALL, Presiding Judge.

The appellant was convicted of child abuse by criminal negligence, a lesser-included offense of the child abuse with which he was charged. The jury also found the crime was of a dangerous nature. He was sentenced to a presumptive six-year term in prison.

We must answer two questions on appeal:

1. Was it fundamental, reversible error to fail to give a limiting instruction when his statement was admitted for...

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