State v. 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 eases. 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 law amended Arizona’s self-defense statute, Arizona Revised Statutes (“A.R.S.”) section 13-205(A) (2003), to require the state to “prove beyond a reasonable doubt that the…