People v. Shipp
958 N.E.2d 1128
Ill. App. Ct.2011Background
- Shipp was charged by information with possession with intent to deliver more than 1 gram but less than 15 grams of cocaine within 1,000 feet of a church (Class 1).
- Evidence found included 0.1 grams of cocaine inside the home, 12 grams outside, cannabis, a scale, and cash; home located within 1,000 feet of a church.
- Arraignment revealed a miswording: the information referenced (b)(2) (Class 1) despite the body charging more than 1 gram; defendant was admonished about Class 1.
- In 2009, defense raised concerns about amendment and jury confusion if evidence relied on outside vs inside quantities; proposed amendment to conform to body language was discussed.
- Court allowed amendment to change the citation from 407(b)(2) to 407(b)(1) (Class X) after noting a scrivener’s error and found probable cause for Class X; continuance granted.
- Shipp was convicted of the Class X felony and sentenced to 22 years; appeal followed challenging the amendment as a speedy-trial violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the information amendment formal or material for speedy-trial purposes? | Amendment corrected a miswriting; no new offense; no speedy-trial impact. | amendment altered essential elements/penalty; implicated speedy-trial rights. | Amendment was formal; speedy-trial rights not implicated. |
| Did counsel's failure to move for discharge render ineffective assistance? | No prejudice since amendment was formal and did not extend delays. | Failure to discharge could have affected timing for the new charge. | Counsel's performance not ineffective; no Strickland prejudice. |
Key Cases Cited
- People v. Williams, 94 Ill.App.3d 241 (1981) (new charges based on same facts have same speedy-trial limits; continuances not attributed to new charges absent compulsory joinder)
- People v. Flores, 250 Ill.App.3d 399 (1993) (formal amendment to correct miswriting allowed if no material change)
- People v. Betts, 78 Ill.App.3d 200 (1979) (amendment changing offense or penalties can be material; affects prejudice)
- Clark, 96 Ill.App.3d 491 (1981) (amendment within information may be allowed when consistent with trial record)
- White, 2011 IL 109616 (2011) (plea-based sentencing consequences governed by the actual charge; factual basis controls)