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ODEN v. STATE

No. BL-167.

502 So.2d 64 (1987)

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

District Court of Appeal of Florida, First District.

February 10, 1987.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, and Ann Cocheu, Asst. Public Defender, Tallahassee, for appellants.

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

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...

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