CHICAGO (CBS) –A convicted murderer who actually argued his sentence was too light has won his fight for a new trial.

As WBBM Newsradio’s Julie Mann reports, an attorney for Benny Deanda Jr., 26, says his client is aware his sentence could double if he is convicted a second time for the 2001 murder of Mario Jiminez, 16, in Elgin, according to the Chicago Tribune.

LISTEN: WBBM Newsradio’s Julie Mann reports

Deanda is currently serving 30 years in prison under a plea agreement worked out during his first trial.

But the Tribune reports Deanda has had some second thoughts about his legal outcome and wants a chance to defend himself.

His argument for a new trial is that the minimum sentence he should have received was 35 years rather than 30, the Tribune reported.

But if convicted again, he could face 60 years in prison, the newspaper reported.

Inmates can win a new trial on appeal and end up with much stiffer sentences. The Tribune recalls the case of Joseph Cichon, who was sentenced to 25 years in prison for a series of sexual assault, abuse and child pornography charges in LaSalle County, but ended up with 105 years when convicted at a new trial.

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