Johnson v. State

I would affirm the judgment of conviction for driving under the influence of intoxicating liquor or controlled substances. The majority holds that the trial court erred by not allowing a jury instruction for the offense of reckless driving on the ground that reckless driving is a lesser-related offense. A lesser-related offense instruction may be given only when three conditions are satisfied: (1) the lesser offense is closely related to the offense charged; (2) defendant’s theory of defense is consistent with a conviction for the related offense; and (3) evidence of the lesser offense…