State v. Martinez

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 at Ledesma’s home, defendant called his girlfriend and argued with her. After the call, the girlfriend telephoned the police and accused defendant of committing a crime.

¶ 3…