State v. Farley

OPINION

LANKFORD, Judge.

¶ 1 Defendant Clarence Roy Farley appeals his conviction and sentence for second-degree murder. He raises two issues. He first argues that Arizona Revised Statutes Annotated (“A.R.S.”) section 13-205(A) (Supp.2000), which imposes upon a defendant the burden of proving by a preponderance of the evidence any affirmative defense raised, violates the Due Process Clause of the Arizona Constitution. He also contends that the trial court improperly instructed the jury on the use of deadly force in defense of a third person.

¶2 We affirm. Allocating the burden of proving…