Comment #1

rdgrnr — Thu, 10 Nov 2011 01:09:51 GMT

<br />Buckle up, Baldy, it's the law

Original Blog Entry: Convicted murderer wins new trial by arguing sentence too light

truesee — Wed, 09 Nov 2011 12:06:11 GMT

Convicted murderer wins new trial by arguing sentence too light

Elgin man was serving 30 years

Benny Deanda (Illinois Department of Corrections photo)

Steve Schmadek

Chicago Tribune reporter

9:36 p.m. CST, November 8, 2011

An Elgin man who pleaded guilty to murder has won a new trial with an unusual legal argument that his 30-year prison sentence was too soft.

Benny Deanda Jr.'s position that his sentence was too lenient is almost unheard-of for obvious reasons, but in this case Deanda wanted another trial so he could put on a self-defense case for the 2001 slaying, said his court-appointed attorney Levi Harris.

Ninety-nine out of 100 times, it would be inadvisable to do it, said Harris, an assistant defender with the state appellate defender's office. Here, he wanted another shot (at a trial).

Deanda, 26, now faces up to 60 years in prison if he's found guilty at trial. Harris said his client is aware his sentence could double.

Inmates sometimes win on appeal only to be sentenced to much longer prison terms.

Among them is Joseph Cichon, who pleaded guilty in 1991 to numerous sexual assault, sexual abuse and child pornography charges in LaSalle County in exchange for a 25-year sentence, records show. He appealed and was convicted at a new trial.

His new sentence was 105 years, records show.

The sentence has been upheld by the appeals court.

In Deanda's case, he pleaded guilty during trial to the Nov. 4, 2001, murder of Mario Jiminez, 16, in exchange for 30 years in prison.

By law, the least amount of time he should have received was 35 years in prison.

Deanda was allegedly walking in Elgin with two friends when a car driven by Jiminez drove up near Waverly Drive and Bode Road, according to the appeals decision.

After Deanda and Jiminez exchanged words outside the car, Deanda allegedly pulled a .32-caliber handgun from under his sweat shirt and shot twice at Jiminez, striking him once in the face.

Jiminez died 4 days later at Sherman Hospitalin Elgin.

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