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STATE v. DEPIANO

No. CR-95-0099-PR.

187 Ariz. 27 (1996)

926 P.2d 494

STATE of Arizona, Appellee, v. Colette Renee DePIANO, Appellant.

Supreme Court of Arizona, En Banc.

Certiorari Denied January 21, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Crane McClennen, Assistant Attorney General, Phoenix, for State of Arizona.

Dean W. Trebesch, Maricopa County Public Defender by Terry J. Adams, Deputy Public Defender, Phoenix, and Brent E. Graham, former Deputy Public Defender, Mancos, CO, for Colette Renee DePiano.

Certiorari Denied January 21, 1997. See 117 S.Ct. 782.

OPINION

MARTONE, Justice.

A despondent mother's attempt to commit suicide and infanticide by asphyxiation was interrupted by an alert neighbor. All survived and, fortunately, no one was injured. She was not charged with attempted murder but, instead, with two counts of intentional or knowing child abuse under A.R.S. § 13-3623(B)(1) which carries a much more severe sentence. Upon conviction...

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