Oden v. State

BARFIELD, Judge.

Mark Oden, William Runyon, and Gary Botto appeal their sentences on remand1 for offenses which arose out of a prison riot, asserting that the trial court’s reasons for departure from the recommended guidelines sentences were not “clear and convincing”. We agree and reverse.

We reject the State’s contention that the issue is not whether the reasons for departure are valid, because appellants agreed not to object to the sentences as long as they were less than 12 years, and that appellants are here attempting to repudiate their plea bargains. The state’s brief in the prior appeal…