People v. Shipp

Defendant was convicted, after jury trial, of possession of cocaine with intent to deliver within 1000 feet of a church, a Class X felony. Defendant was not denied effective assistance of counsel by his attorney having failed to move to discharge on speedy-trial grounds when State had amended the information, which previously cited Class 1 felony provision. Speedy-trial provisions were not implicated because amendment was formal to correct a miswriting. Facts alleged in body of charge, alleging possession of more than 1 gram but less than 15 grams of cocaine, a Class X felony amount, were controlling, and charge remained a Class X felony, and the statutory citation was a miswriting. (JORGENSEN and HUDSON, concurring.)