Truesee's Daily Wonder

Truesee presents the weird, wild, wacky and world news of the day.

Wednesday, November 9, 2011

 

Convicted murderer wins new trial by arguing sentence too light

Convicted murderer wins new trial by arguing sentence too light

Elgin man was serving 30 years

Benny Deanda (Illinois Department of Corrections photo)

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.


Comments:
Give him a ride on "Old Sparky" this time!

Buckle up, Baldy, it's the law!
Post a Comment

<< Home

Archives

April 2024   March 2024   February 2024   January 2024   December 2023   November 2023   October 2023   September 2023   August 2023   July 2023   June 2023   May 2023   April 2023   March 2023   February 2023   January 2023   December 2022   November 2022   October 2022   September 2022   August 2022   July 2022   June 2022   May 2022   April 2022   March 2022   February 2022   January 2022   December 2021   November 2021   October 2021   September 2021   August 2021   July 2021   June 2021   May 2021   April 2021   March 2021   February 2021   January 2021   December 2020   November 2020   October 2020   September 2020   August 2020   July 2020   June 2020   May 2020   April 2020   March 2020   February 2020   January 2020   December 2019   November 2019   October 2019   September 2019   August 2019   July 2019   June 2019   May 2019   April 2019   March 2019   February 2019   January 2019   December 2018   November 2018   October 2018   September 2018   August 2018   July 2018   June 2018   May 2018   April 2018   March 2018   February 2018   January 2018   December 2017   November 2017   October 2017   September 2017   August 2017   July 2017   June 2017   May 2017   April 2017   March 2017   February 2017   January 2017   December 2016   November 2016   October 2016   September 2016   August 2016   July 2016   June 2016   May 2016   April 2016   March 2016   February 2016   January 2016   December 2015   November 2015   October 2015   September 2015   August 2015   July 2015   June 2015   May 2015   April 2015   March 2015   February 2015   January 2015   December 2014   November 2014   October 2014   September 2014   August 2014   July 2014   June 2014   May 2014   April 2014   March 2014   February 2014   January 2014   December 2013   November 2013   October 2013   September 2013   August 2013   July 2013   June 2013   May 2013   April 2013   March 2013   February 2013   January 2013   December 2012   November 2012   October 2012   September 2012   August 2012   July 2012   June 2012   May 2012   April 2012   March 2012   February 2012   January 2012   December 2011   November 2011   October 2011   September 2011   August 2011   July 2011   June 2011   May 2011   April 2011   March 2011   February 2011   January 2011   December 2010   November 2010   October 2010   September 2010   August 2010   July 2010   June 2010   May 2010   April 2010   March 2010   February 2010   January 2010   December 2009   November 2009   October 2009   September 2009   August 2009   July 2009   June 2009   May 2009   April 2009   March 2009   February 2009   January 2009   December 2008  

Powered by Lottery PostSyndicated RSS FeedSubscribe