ODEN v. STATE

Nos. AY-68, AY-71 and AY-92.

463 So.2d 313 (1984)

Mark ODEN, William Runyon, and Gary Botto, Appellants, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Request for Certification Granted and Rehearing Denied February 7, 1985.


Attorney(s) appearing for the Case

Conrad C. Bishop, Jr. and Stephen Murphy, Perry, for appellants.

Jim Smith, Atty. Gen., Andrea Smith Hillyer, Asst. Atty. Gen. for appellee.


MILLS, Judge.

In this consolidated appeal, Oden, Runyon, and Botto raise three issues. They contend the trial court erred in (1) ordering more complete and thorough presentence investigation reports, (2) denying motions for stay, and (3) departing from the sentencing guidelines. We affirm as to Issue I. We do not consider Issue 2. As to Issue 3, we find the trial court erred and vacate appellants' sentences.

Appellants were involved in an inmate riot at the...

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