Brown, J. dissents from denial of rehearing with written reasons.
SEXTON, Judge.
Defendant, David Chad Rice, responded to a second degree murder indictment by pleading to manslaughter. The plea bargain "capped" his maximum sentence at 18 years. The district court subsequently imposed 15 years, which is an upward departure from the sentencing guidelines. Subsequent to the sentencing, the trial judge stated for the record that during...
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