- Associated Press - Wednesday, August 27, 2014

GENEVA, Ill. (AP) - Kane County prosecutors say an Aurora man should be tried after an appellate court vacated his guilty plea and sentence for a 2005 murder.

The Daily Herald in Arlington Heights reports (https://bit.ly/1oo3vZG) Garang Deng was 14 when he allegedly killed Marilyn Bethell of Aurora.

Deng, who was prosecuted as an adult, pleaded guilty in exchange for a 35-year sentence.

The plea and sentence was overturned because it was less than the 45-year minimum sentence required in Illinois for committing a murder with a gun.

In a court filing, Assistant State’s Attorney Jody Gleason says the ruling means Deng should be tried for Bethell’s death and not simply resentenced.

Kane County Public Defender Kelli Childress says Deng’s case should be returned to juvenile court.

Oral arguments are set for Oct. 14.

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