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Keywords

defendanttrialcriminal procedurejury instructions
defendantnegligencecriminal procedure

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Comeau v. State, 758 P.2d 108

Facts

Patrick A. Comeau was convicted by a jury of driving while intoxicated (DWI) after being involved in an accident. At trial, he requested an instruction for the jury to consider reckless driving as a lesser-included offense, which the trial court denied. Comeau contended that the accident was the fault of the other driver and that his high blood alcohol level resulted from drinking after the accident, not before. The state argued that Comeau drove while impaired and recklessly caused the accident.

The state's theory was in essence that Comeau drove while actually impaired by alcohol and recklessly caused an accident.

Issue

Whether reckless driving and negligent driving are lesser-included offenses of driving while intoxicated (DWI) under Alaska law.

An offense is necessarily included in the charged offense if it is impossible to commit the offense charged without also committing the lesser offense.

Rule

Under Alaska Rule of Criminal Procedure 31(c), a defendant may be found guilty of an offense necessarily included in the offense charged if an element distinguishing the greater offense from the lesser is actually in dispute.

Under Alaska Rule of Criminal Procedure 31(c), '[a] defendant may be found guilty of an offense necessarily included in the offense charged….'

Analysis

The court applied the cognate approach to determine whether reckless driving was a lesser-included offense of DWI. It found that the evidence presented at trial left open the possibility for the jury to conclude that Comeau was guilty of DWI but not guilty of reckless driving, particularly given the dispute over his intoxication at the time of the accident. The court emphasized that if the jury could rationally find Comeau guilty of DWI while having reasonable doubt about his recklessness, then the trial court erred in not providing the lesser-included offense instruction.

Applying the settled rules governing lesser-included offenses to the definition of recklessness and criminal negligence contained in the revised criminal code, it follows that lesser-included offense instructions on reckless and negligent driving would be required in a DWI prosecution whenever the element of intoxication was disputed and whenever the prosecution supported its case by proof that the defendant actually drove in an erratic or dangerous manner.

Conclusion

The court reversed Comeau's conviction, ruling that the trial court should have instructed the jury on reckless driving and negligent driving as lesser-included offenses of DWI.

The conviction is REVERSED.

Who won?

Patrick A. Comeau prevailed in the case because the court found that he was entitled to jury instructions on lesser-included offenses, which the trial court had denied.

Comeau wanted to give the jury the option of finding him not guilty of DWI, but finding him guilty of reckless driving in causing the accident.

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