State v. Barela

(specially concurring).

I concur.

In State v. Trujillo, 85 N.M. 208, 213, 510 P.2d 1079 (Ct.App.1973), Judge Wood said:

Our “homicide by vehicle” statute has no degrees....

In the instant case, Judge Wood’s dissent says:

Compare State v. Trujillo, 85 N.M. 208, 510 P.2d 1079 (Ct.App.1973).

The comparison shows a difference in the form of the requested jury instruction. In Trujillo, defendant sought “driving while under the influence of intoxicating liquor” as a lesser included offense. In the instant case, defendant sought an instruction on “homicide by vehicle while unlawfully operating a motor…