People v. Cooksey

A jury found the defendant, Toijuan Cooksey, guilty of both robbery and vehicular hijacking. The majority has reversed the vehicular hijacking verdict. I respectfully dissent.

The majority’s decision to reverse the jury’s vehicular hijacking finding was based upon a determination that the evidence did not establish the motor vehicle was taken from the victim’s immediate presence. Although I agree with the majority’s conclusion that the immediate presence language of the vehicular hijacking statute requires more than the “presence” required by the robbery statute (compare 720 ILCS 5/18 — 3(a),…