People v. Clouse

Defendant was convicted by a jury of driving while under the influence of intoxicating liquor.

On appeal defendant contends that the trial court erred by failing to instruct the jury that the offense of operating a vehicle while one’s ability is visibly impaired 2 is a lesser included offense in driving while under the influence of intoxicating liquor.

Absent a request for an instruction, this Court will not consider a claim of error based on the failure to instruct the jury in regard to a lesser, included offense. People v. Mihalko (1943), 306 Mich 356; People v. Bark (1930), 251 Mich 228;…