State v. Hunley

Worswick, A.C.J.

f 1 — A jury found Monte Hunley guilty of attempting to elude a police vehicle. Hunley appeals, arguing (1) that defense counsel rendered ineffective assistance by failing to request a lesser included offense instruc*923tion for reckless driving and (2) that provisions of the Sentencing Reform Act1 (SRA) unconstitutionally relieve the State of its burden of proof at sentencing. Holding that reckless driving is not a lesser included offense in attempting to elude a police vehicle and that the challenged SRA provisions violate due process, we affirm Hunley’s conviction and remand…