Harris v. State

728 A.2d 180 (1999)

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Nature of the Case

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Facts

Harris (D), Jack Tipton and several other friends were playing cards and drinking alcohol at a friend’s house. Tipton offered to drive D home. Tipton testified that D became angry when Tipton refused to go to the District of Columbia and that D forcibly removed Tipton from the car and drove away. Tipton reported the car as stolen. D was indicted for an unlawful taking of a motor vehicle in violation of Art. 27, § 342A, and second-degree assault in violation of Art. 27, § 12A. At trial, D’s defense was voluntary intoxication. He testified that he had consumed alcohol and smoked marijuana throughout the evening and that he “blacked out” after leaving the get-together. D requested a jury instruction on voluntary intoxication, arguing that he was too intoxicated from drugs and alcohol to form the specific intent required for the offenses of carjacking and unlawful taking of a motor vehicle. The trial court instructed the jury that when charged with an offense requiring specific intent, a defendant cannot be guilty if he was so intoxicated by drugs and/or alcohol that he was unable to form the necessary intent. The court further instructed the jury that the unlawful taking of a motor vehicle was the only offense that required specific intent. As to the offense of carjacking, the trial court instructed the jury as follows: An individual is guilty of carjacking when that individual obtains unauthorized possession or control of a motor vehicle from another individual in actual possession by force or violence, or by putting that individual in fear through intimidation or threat of force or violence. D was convicted and appealed.