Tuesday, November 15, 2011

A New One--to try and get a new trial, plead your sentence was too light?? Only in Cook County!!

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 life in prison if he's found guilty at trial. Harris said his client is aware his sentence could more than double".

Chicago Tribune article link: Convicted murderer wins new trial by arguing sentence too light

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