State v. Lykins

In this criminal case, defendant was convicted of the crime of tampering with a witness, ORS 162.285, after he tried to persuade his girlfriend to testify falsely in his impending trial on charges of criminal trespass and criminal negligence. At defendant’s sentencing hearing following the tampering conviction, the state asked the trial court to impose an upward departure sentence, based on the fact that defendant’s girlfriend was a “vulnerable victim” under the administrative rule governing departure sentences, OAR 213-008-0002(l)(b)(B). Defendant objected on the ground that the state, not…