People v. Jones

This interlocutory appeal concerns whether a defendant charged with reckless driving causing death1 is entitled to a jury instruction on the misdemeanor lesser offense of moving violation causing death,2 notwithstanding the Legislature’s prohibition against such an instruction.3 Ordinarily, statutory law entitles criminal defendants to instructions on necessarily included lesser offenses when the facts at issue warrant such instructions.4 Here, because the Legislature specifically created an exception prohibiting an instruction on moving violation causing death where the charged offense is…