State v. Barela

622 P.2d 254 (1980)

95 N.M. 349

STATE of New Mexico, Plaintiff-Appellee,

v.

Jerry BARELA, Defendant-Appellant.

No. 4192.

Court of Appeals of New Mexico.

July 1, 1980.

Writ Quashed January 19, 1981.

William Lazar, El Rito, for defendant-appellant.

Jeff Bingaman, Atty. Gen., Sammy Lawrence Pacheco, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

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…