State v. Jessup

Defendant was convicted of two counts of first-degree criminal mistreatment, ORS 163.205, and two counts of felony fourth-degree assault, ORS 163.160. The trial court imposed departure sentences on each of the convictions based on a variety of departure factors, including that defendant knew or had reason to know of the victim’s particular vulnerability, OAR 213-008-0002(1)(b)(B). Defendant argues that, under Blakely v. Washington, 542 US 296, 124 S Ct 2531, 159 L Ed 2d 403 (2004), and Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000), the court erred in imposing…