People v. Jackson

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2016 IL App (1st) 133823
Decision Date: 
Thursday, October 27, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
ELLIS

Defendant was convicted, after jury trial, of aggravated vehicular hijacking, attempted armed robbery, unlawful use of a weapon by a felon, and aggravated assault. Defendant was not entitled to an instruction on defense of compulsion, as there was no evidence that the individual with whom Defendant hijacked the car made an impending threat of violence toward Defendant. One of the convictions for aggravated vehicular hijacking must be vacated under the one-act, one-crime doctrine. Although more than 1 person was present during hijacking, the presence of multiple victims does not change fact that Defendant committed only 1 criminal act: the taking of a single car. Remanded for resentencing, as court applied an unconstitutional sentence enhancement. (McBRIDE and BURKE, concurring.)