State v. Rodriguez

In State v. Rodriguez, 192 Ariz. 58, 961 P.2d 1006 (1998), the court held that, when a defendant offers evidence in support of an alibi defense, the trial court should instruct the jury on alibi in a manner that will prevent the jury from "incorrectly assuming that the defendant bears the burden of proving his alibi." Id. P 25. The proffered instruction in Rodriguez stated: The defendant has produced evidence of being absent at the time and place the alleged crime was committed. If you have a reasonable doubt whether the defendant was present at the time and place the alleged crime was committed, you must find the defendant not guilty. Id. P 30.