PEOPLE v. AVERY

No. 1-94-0190.

661 N.E.2d 361 (1995)

277 Ill. App.3d 824

214 Ill.Dec. 507

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lance AVERY, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied February 27, 1996.


Attorney(s) appearing for the Case

Stephen M. Komie, Deanne C. Paul, Komie and Associates, Chicago, for appellant.

Jack O'Malley, State's Attorney, County of Cook (Renee Goldfarb, Michael Cho, Adam Monreal, Asst. State's Attorneys, of counsel), for appellee.


Justice WOLFSON delivered the opinion of the court:

Lance Avery was charged with 12 counts of driving under the influence of alcohol. Each count was a felony charge. The trial court barred his proposed insanity defense, ruling that the statute created an absolute liability offense that did not require any mental state. Avery was convicted in a bench trial and sentenced to 16 months in prison.

This case required us to answer two questions. First, is the felony...

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