State v. Valverde

OPINION

BALES, Justice.

¶ 1 The trial court, without objection, failed to instruct the jury that the defendant, rather than the State, had the burden of proof on self-defense under the applicable law. Because the defendant has not shown prejudice from the omitted instruction, it is not fundamental error.

FACTS AND PROCEDURAL BACKGROUND

¶2 Jesus Valverde, Jr. was charged with aggravated assault. At trial, he admitted committing the assault on April 19, 2006, but claimed he had acted in self-defense. The applicable statute provided that “a defendant shall prove any affirmative defense raised by a…