State v. Poole

OPINION

ANDERSON, Justice.

We granted this appeal to determine whether the trial court properly applied two enhancement factors — whether the victim was “particularly vulnerable,”1 and whether the victim was treated with “exceptional cruelty” 2 — to increase the defendant’s sentence.

The Court of Criminal Appeals decided that the trial court did not err by applying the “exceptionally cruel” factor to the especially aggravated robbery conviction, but did err in applying the “particularly vulnerable” factor because the State must prove more than the victim’s age to prove a victim is “particularly…