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STATE v. MONTES

No. CR-10-0017-PR.

245 P.3d 879 (2011)

STATE of Arizona, Appellee, v. Cesar MONTES, Appellant.

Supreme Court of Arizona, En Banc.

January 26, 2011.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Phoenix, Amy M. Thorson, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Robert J. Hirsh, Pima County Public Defender, By David J. Euchner, Tucson, Attorneys for Cesar Montes.

OPINION

PELANDER, Justice.

¶ 1 We here address whether the Legislature violated the separation of powers doctrine in 2009 by enacting Senate Bill ("SB") 1449, which made retroactive SB 1145, a 2006 law concerning the defense of justification in criminal cases. We hold that SB 1449 was a valid exercise of legislative authority.

I.

¶ 2 In 2006, the Legislature enacted SB 1145, 2006 Ariz. Sess. Laws, ch. 199 (2d Reg.Sess.). This...

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