State v. Barela

OPINION

ANDREWS, Judge.

Defendant was convicted of homicide by vehicle by reckless driving. Sections 66-8-101 and 66-8-113, N.M.S.A.1978. He requested instructions on an asserted lesser included offense, which were refused. He claims the refusal was error. The refused instructions were to the effect that homicide by vehicle could be committed by a killing while unlawfully operating a vehicle. Defendant’s position is that any killing by unlawful operation of a vehicle is covered by § 66-8-101, that under § 66-8-101(A), the offense is a misdemeanor, that only under the two specific provisions of…