State v. Montes

OPINION

HOWARD, Chief Judge.

¶ 1 In a memorandum decision, we affirmed appellant Cesar Montes’s convictions and sentences for second-degree murder and aggravated assault. State v. Montes, No. 2 CA-CR 2008-0148, 2009 WL 2998931 (memorandum decision filed Sept. 18, 2009). Montes subsequently filed a motion for reconsideration, arguing that a recent change in the law entitles him to a new trial. Because applying the change in law to Montes’s case violates the Separation of Powers Clause of the Arizona Constitution, we deny his motion.

¶ 2 In October 2005, Montes was charged with one count of…