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STATE v. MARTINEZ

No. 1 CA-CR 01-0350.

47 P.3d 1145 (2002)

202 Ariz. 507

STATE of Arizona, Appellee, v. Antonio Sanchez MARTINEZ, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

June 4, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Lawrence S. Matthew, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 We consider in this case the affirmative defense of justification for the use of deadly force in crime prevention and how it is affected by the legislative changes to the burden of proof. Ariz.Rev.Stat. ("A.R.S.") §§ 13-411 and 13-205 (2001).

I.

¶ 2 Antonio Sanchez Martinez ("defendant") and a co-worker, Ledesma, drank some beer together at Ledesma's home after work on September 6, 2000. While...

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