David Garcia v. State of Arizona

OPINION

ESPINOSA, Judge.

¶ 1 This special action presents the issue whether the current version of A.R.S. § 13-205, Arizona’s statute on affirmative defenses, enacted as an emergency measure pursuant to article IV, pt. 1, § 1(3) of the Arizona Constitution and effective on April 24, 2006, applies to criminal defendants such as petitioner David Garcia who allegedly committed first-degree murder before the effective date of the statute but whose case has yet to be tried. We find it does and conclude the respondent judge erred when he determined otherwise.

BACKGROUND

¶2 On December 13, 2004, Garcia…