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Johnson v. State8/24/1995
of proof, the jury should have received an instruction limiting the number of conviction alternatives. Id. at 284, 738 P.2d at 1309. The dissenting justice also contends that Johnson did not admit to reckless driving. Again we disagree. There is no requirement that a defendant mention the lesser offense by its proper name, but only that he or she admits to conduct that constitutes some lesser crime. Moore, 109 Nev. at 447, 851 P.2d at 1063. Johnson admitted to speeding, and, contrary to our dissenting colleague's representation, also admitted to drinking from a bottle of malt liquor while driving. He denied driving while intoxicated, but since the tests were borderline, it clearly could have been argued, consistent with the evidence and a lesser-included offense instruction, that although Johnson was not intoxicated, he was arguably recklessly endangering the lives of others by operating a vehicle while speeding and consuming alcohol. It appears that our dissenting colleague is also of the impression that reckless driving requires some overt signs of recklessness in the operation of a vehicle. Thus, she concludes with respect to Johnson, that except for his admission to exceeding the speed limit, " here is no indication the defendant otherwise failed to operate his vehicle in a safe and responsible manner." We would hardly agree that speeding and driving while under the influence of
alcohol (the latter offense being the crime for which Johnson was convicted and which our dissenting colleague would affirm) constitute operating a vehicle in "a safe and responsible manner."
1 This case is clearly distinguishable from Albitre v State, 103 Nev. 281, 738 P.2d 1307 (1987), where the defendant was charged with (1) involuntary manslaughter, (2) causing the death of another by driving a vehicle while intoxicated, and (3) causing the death of another by reckless driving. The gravamen of each of these three offenses was causing the death of a human being by operating a motor vehicle.
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