Legal Opinion
Comeau v. State
Court of Appeals of Alaska
Decided July 1, 1988No. A-2074PublishedCited by 20 opinions
1Opinion of the Court
OPINION
BRYNER, Chief Judge.
Patrick A. Comeau was convicted by a jury of driving while intoxicated (DWI), in violation of AS 28.35.030. At trial, he requested an instruction allowing the jury to consider reckless driving, AS 28.35.040, as a lesser-included offense of DWI. The trial court declined to give the requested instruction. Comeau appeals, contending that the trial court erred in its ruling. We reverse.
Under Alaska Rule of Criminal Procedure 31(c), “[a] defendant may be found guilty of an offense necessarily included in the offense charged....” An offense is “necessarily included in the…
2Cases cited20 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Francis v. FranklinSupreme Court of the United States · 1985
- Connecticut v. JohnsonSupreme Court of the United States · 1983
- Ferrell v. BaxterAlaska Supreme Court · 1971
- Christie v. StateAlaska Supreme Court · 1978
15 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Brakes v. StateCourt of Appeals of Alaska · 1990
- Bertilson v. StateCourt of Appeals of Alaska · 2003
- Allen v. StateCourt of Appeals of Alaska · 2007
- Lee v. StateCourt of Appeals of Alaska · 1988
- Jansen v. StateCourt of Appeals of Alaska · 1988
15 more not listed; retrieve them via the Exa API.