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GARCIA v. BROWNING

No. 2 CA-SA 2006-0040.

146 P.3d 1007 (2006)

David GARCIA, Petitioner, v. Hon. Christopher ROWNING, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and The State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

September 5, 2006.

Attorney(s) appearing for the Case

D. Jesse Smith and Anthony Payson, Tucson, for Petitioner.

Barbara LaWall, Pima County Attorney, by Taren M. Ellis, Tucson, for Real Party in Interest.

Osborn Maledon, P.A., by Daniel L. Kaplan, Phoenix, for Amicus Curiae Arizona Attorneys for Criminal Justice.

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...

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