People v. Pena

Opinion by Judge KAPELKE.

Defendant, Christopher H. Pena, appeals a judgment of conviction entered on a jury verdict finding him guilty of vehicular eluding. He challenges the sufficiency of the evidence, contends that his conviction was in violation of his equal protection rights, and urges that the trial court erred in refusing to instruct the jury on reckless driving as a lesser included offense. We agree with the allegation of instructional error and, thus, reverse and remand for new trial.

The arresting police officer testified at trial that he saw a car travel toward him at a high rate of…