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STATE v. MONTES

No. CR-10-0017-PR.

245 P.3d 879 (2011)

STATE of Arizona, Appellee, v. Cesar MONTES, Appellant.

Supreme Court of Arizona, En Banc.

January 26, 2011.

Attorney(s) appearing for the Case

Terry Goddard , Arizona Attorney General, By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, Phoenix, Amy M. Thorson , Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Robert J. Hirsh , Pima County Public Defender, By David J. Euchner , Tucson, Attorneys for Cesar Montes.

OPINION

PELANDER, Justice.

¶ 1 We here address whether the Legislature violated the separation of powers doctrine in 2009 by enacting Senate Bill ("SB") 1449, which made retroactive SB 1145, a 2006 law concerning the defense of justification in criminal cases. We hold that SB 1449 was a valid exercise of legislative authority.

I.

¶ 2 In 2006, the Legislature enacted SB 1145, 2006 Ariz. Sess. Laws, ch. 199 (2d Reg.Sess.). This...

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