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STATE v. BARRAZA

No. 1 CA-CR 02-0591.

104 P.3d 172 (2005)

209 Ariz. 441

STATE of Arizona, Appellee, v. Mayra Isabel BARRAZA, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

January 11, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randal M. Howe, Chief Counsel, Criminal Appeals Section and John L. Saccoman, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Terry J. Adams, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

HALL, Judge.

¶ 1 Following a jury trial, Mayra Isabel Barraza was convicted of second-degree murder. Barraza claims that the trial court erred when it refused to instruct the jury on the "crime prevention" justification defense pursuant to Arizona Revised Statutes (A.R.S.) section 13-411 (2001). We conclude that § 13-411 may not be invoked by an invited guest who is charged with committing a crime against a resident of the home. Accordingly...

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