STATE v. MAGANA

No. 1 CA-CR 92-1420.

178 Ariz. 416 (1994)

874 P.2d 973

STATE of Arizona, Appellee, v. Alonso Edwardo MAGANA, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Review Denied June 1, 1994.


Attorney(s) appearing for the Case

Grant Woods, the Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and John Pressley Todd, Asst. Atty. Gen., Phoenix, for appellee.

John C. Williams, Prescott, for appellant.


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...

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