People v. Bell

Defendant was convicted, after jury trial, of attempted possession of anhydrous ammonia, in violation of Methamphetamine Control and Community Protection Act. Even though offense does not expressly include a "substantial step" as element of offense, case law establishes it as required element, as mere preparation to commit a crime does not constitute an attempt to commit it. Thus, court erred in not giving IPI Criminal No. 6.05. However, no plain error, as Defendant was convicted based on accountability theory, and IPI Criminal 5.03, the accountability instruction, was properly given, and evidence of actor's substantial step was overwhelming and undisputed. (SPOMER and WEXSTTEN, concurring.)