BLOOMINGTON -- Donald Whalen argued Friday that his murder sentence should be cut in half because a judge considered an invalid count when he sentenced Whalen to 60 years in prison.

Whalen wants a new sentencing hearing because one of two first-degree murder convictions was previously overturned. Whalen was convicted of the 1991 stabbing and beating death of his father, William Whalen, at the elder Whalen's downtown bar.

Circuit Judge Elizabeth Robb said she would rule later on the request.

"Once you vacated half of my convictions, that was evidence that there was an error in my sentence," Whalen told Robb. "We do know that he (the sentencing judge) had an invalid count before him when he passed sentence."

First Assistant State's Attorney Kim Campbell said it was a little late to question the sentence. Campbell also said it was inappropriate to reduce Whalen's sentence simply because the number of convictions was changed.

"As lawyers in this room know, a crime is charged several different ways ... and in a case where there are multiple counts, the convictions on those counts are merged with the most serious crime," Campbell said.

The error of the second conviction was corrected but did not prove an error was committed in Whalen's sentence, she added.

Campbell also said prosecutors in 1991 sought a natural life sentence, so Whalen did not receive the maximum.

After the hearing, Whalen's mother, Colleen, said her son's sentence should be halved since his convictions were reduced.

Meanwhile, DNA testing on hair and blood samples continues. Robb ordered the additional testing Oct. 22. Campbell said the testing will take four to six weeks. A hearing is set for Jan. 7.