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GARCIA v. BROWNING

No. CV-06-0320-PR.

151 P.3d 533 (2007)

David GARCIA, Petitioner, v. The Honorable Christopher BROWNING, 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.

Supreme Court of Arizona, En Banc.

February 9, 2007.

Attorney(s) appearing for the Case

Barbara Lawall, Pima County Attorney by Taren M. Ellis, Deputy County Attorney, Tucson, Attorneys for State of Arizona.

D. Jesse Smith, and Payson & Gattone by Anthony Payson II, Tucson, Attorneys for David Garcia.

Andrew P. Thomas, Maricopa County Attorney by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorneys for Amicus Curiae Maricopa County Attorney's Office.

OPINION

RYAN, Justice.

¶ 1 This case requires us to decide whether recent amendments to Arizona's affirmative defense and justification laws apply to criminal offenses committed before the effective date of the new statutes. We hold that these changes apply only to offenses committed on or after the effective date of the amendments.

I

¶ 2 On December 13, 2004, a Pima County grand jury indicted David Garcia for first degree murder...

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