People v. Larue

(Modified upon denial of rehearing 6/24/14.) No speedy-trial violation occurred when State added unlawful possession of a weapon by a felon (UPWF) charge because although UPWF carried greater maximum sentence, all elements of UPWF were contained within aggravated unlawful use of a weapon (AAUW), and thus Defendant was on notice that he should prepare a defense to UPWF. Because no speedy-trial violation occurred, Defendant failed to show prejudice from counsel's failure to object to or file motion to dismiss UPWF charge. Thus, no ineffective assistance of counsel established. Ten-year sentence for UPWF does not violate proportionate-penalties clause, equal protection clause, or due process clause. (APPLETON and TURNER)