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STATE v. CASEY

No. CR-01-0223-PR.

71 P.3d 351 (2003)

205 Ariz. 359

STATE of Arizona, Appellee, v. Fletcher CASEY, Appellant.

Supreme Court of Arizona.

June 25, 2003.

Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Doriane F. Zwillinger, Assistant Attorney General, Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

D. Jesse Smith, Tucson, for Fletcher Casey.

Fletcher Casey, Yuma, Pro Se.

OPINION

HOWARD, Judge.

¶ 1 Fletcher Casey was charged with aggravated assault and claimed he had acted in self-defense. Over objection, the trial judge instructed the jury that the state must prove the elements of the offense beyond a reasonable doubt but that Casey must prove self-defense by a preponderance of the evidence. Casey was convicted and appealed on due process grounds. The court of appeals affirmed the conviction and approved the jury

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