State v. Cannon

OPINION

LIVERMORE, Court of Appeals Judge.

In 1981, defendant was convicted of first degree murder and sentenced to life imprisonment. We affirmed his conviction on direct appeal. State v. Cannon, 133 Ariz. 216, 650 P.2d 1198 (1982). In State v. Hunter, 142 Ariz. 88, 688 P.2d 980 (1984), we held that it was fundamental error not to advise the jury specifically that the state must disprove beyond a reasonable doubt that the defendant acted in self-defense. Defendant then sought post-conviction relief and was granted a new trial. Because we believe that the self-defense instructions in this case…