This case presents question as to whether defendant was properly convicted on charge of attempted vehicular hijacking under circumstances where defendant claimed that his voluntary intoxication precluded trial court in bench trial from finding that he had requisite intent to commit charged offense while in back seat of Lyft rideshare vehicle. Record showed that defendant believed that driver was driving in wrong direction and then grabbed back of driver’s shirt and threatened to kill him. Appellate Court, in noting that voluntary intoxication is no longer included as affirmative defense under 720 ILCS 5/6-3, found that voluntary intoxication is no longer excuse for criminal conduct. In his petition for leave to appeal, defendant argues that Appellate Court’s decision conflicts with Slabon, 2018 IL App (1st) 150149, which held that state of voluntary intoxication may be relevant to negate mens rea in trial on specific intent offense. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Voluntary Intoxication