State v. Newman

Defendant pled guilty to two counts of sodomy in the first degree, ORS 163.405, in exchange for the dismissal of five other counts of sodomy in the first degree. He appeals from the upward departure sentence on one count. We affirm.

Defendant’s main argument is that the departure is not supported by substantial and compelling reasons, because the sentencing court considered the age of the victim, Michael, as an aggravating factor. OAR 253-08-002(l)(b)(B).1 He argues that age could not be considered, because the victim’s youth was a necessary element of the crime of sodomy in the first degree…