State v. Magana

OPINION

GARBARINO, Judge.

The defendant, Alonso Edwardo Magana, appeals from his conviction and sentence for one count of negligent homicide. Because we find that the trial court erred in refusing to give the defendant’s requested instruction on the lesser included offense of reckless driving, we reverse and remand for a new trial.

BACKGROUND

This case arises out of a fatal traffic accident. The defendant was driving north on a two-lane road near Bullhead City. There was heavy traffic traveling in both directions. The defendant started to pass a long line of cars, driving approximately 88 miles…