Prisoner in possession of weapon; MCL 800.283(4); Ineffective assistance of counsel; People v Carbin; Failure to investigate; Amended information; MCR 6.112(H); Constructive possession; People v Anderson; Speedy trial; People v Rivera; Sentencing; Proportionality; People v Posey

The court held that defendant was not denied the effective assistance of counsel and that his within-guidelines sentence for prisoner in possession of a weapon was proportionate. Defendant, who was incarcerated, was charged after officers found one sharpened piece of metal under his desk and another in his pocket. The jury convicted him only as to the item in his pocket. On appeal, the court first held that counsel was not ineffective for failing to better investigate and oppose the amended information adding the desk-item charge because defendant “cannot show prejudice given that he was acquitted of the count involving the blade under the desk.” The court also held that any constructive-possession argument would not have defeated amendment because the prosecutor needed only probable cause, and “the object was found in defendant’s cell, regardless of access by others.” The court next rejected defendant’s speedy-trial ineffective-assistance claim because the clock began when he became an accused, not when the prison incident occurred, and only about 10 months elapsed before trial, so “prejudice is not presumed.” The court also held that counsel was prepared, reviewed the plea offer and evidence with defendant, and advanced the defense that the item was a tool rather than a weapon, even though “the jury was not convinced.” Finally, the court held that the 22-month minimum sentence, in the middle of the guidelines range, was proportionate because deterrence of prison weapons protects “other inmates and correction officers,” and “possession of a dangerous item alone causes the risk of harm that needs to be deterred.” Affirmed.