People v. Golden

Defendant was convicted, after bench trial, of 1 count of aggravated domestic battery and 2 counts of domestic battery. No violation of right to speedy trial, as Defendant failed to assert his right to a speedy trial on any occasion after once stating that he wished to demand trial. Less than 2 months later, Defendant completely repudiated any demand, and never again demanded trial.  There is ample evidence in record to support convictions. Defendant's 2003 felony case is properly deemed an element of the Class 2 offense of unlawful use or possession of a weapon by a felon. The underlying felony serves as an element describing the stand-alone Class 2 felony offense. As a predicate, Defendant committed a Class 1 felony drug offense, and that qualified each of the later 2004 and 2009 felony cases to be prosecuted and sentenced as Class 2 felony offenses. Court did not err in sentencing Defendant as a Class X offender. (HUDSON and BRENNAN, concurring.)