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STATE v. VALVERDE

No. CR-08-0292-PR.

208 P.3d 233 (2009)

STATE of Arizona, Appellee, v. Jesus VALVERDE, Jr., Appellant.

Supreme Court of Arizona, En Banc.

June 3, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Law Office of Nicole T. Farnum By Nicole T. Farnum, Tempe, Attorney for Jesus Valverde, Jr.

OPINION

BALES, Justice.

¶ 1 The trial court, without objection, failed to instruct the jury that the defendant, rather than the State, had the burden of proof on self-defense under the applicable law. Because the defendant has not shown prejudice from the omitted instruction, it is not fundamental error.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Jesus Valverde, Jr. was charged with aggravated assault. At trial, he admitted committing...

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