A former inmate who spent five years on Utah's death row in the 1975 slaying of a suspected motorcycle gang informant before eventually being paroled in 1992 was sent back to prison Tuesday.
Robert Codianna, 44, was sentenced to one to 15 years in prison on a sexual abuse of a child conviction by 2nd District Judge Rodney S. Page.Codianna was scheduled for sentencing April 9 but convinced Page to delay the sentencing to allow him to get another psychosexual evaluation.
But the second one, while not as damning as the first one done by the Intermountain Sex Abuse Treatment Center, determined that Codianna has criminal and sexual impulses that require him to be kept in a controlled environment.
Codianna told Page his time in prison should be a strong argument against him being a repeat offender, despite being convicted by a jury in February of molesting a 6-year-old girl.
"I spent 17 years in prison," Codianna told the judge. "That's not the place for me. There's no way I could do this.
"All I'm asking is that I don't go to prison. I'll do whatever it takes," he said, referring to various therapy or treatment options.
But Page noted Codianna has been involved with the criminal justice system since 1969, up through his release in 1992. Codianna was released to a halfway house in 1992, eventually marrying, moving to Layton and starting a sign business.
He finished his parole last year, two months before the girl complained of the abuse.
Even the report Codianna commissioned is critical, the judge said, concluding indications that Codianna is a potential danger to society.
"I see no alternative, really," the judge said, ordering Codianna into custody immediately.
According to court and Department of Corrections records, Codianna - known as "Gypsy" - was a motorcycle gang member who traveled around the Southwest, accumulating several burglary and auto theft charges.
He came to Utah in 1975 after serving time in New Mexico and, with two other men, was involved in the murder of a Price man, Michael Hogan, 26, who they believed was an informant.
Hogan was kidnapped from his apartment, beaten and shot a dozen times before being dumped in a canyon.
Codianna, along with Irvin Dundson and Craig Marvell, was convicted of murder and given the death sentence.
After sitting on death row for five years, their death sentences were invalidated by one judge on appeal, and the three were sentenced instead to life in prison.
Codianna was paroled in 1992 to a halfway house; Dunsdon, now 53, was paroled last August, and Marvell, now 48, has a parole hearing date in 2005.