State v. Schenewerk

Defendant, who pleaded guilty to first-degree theft, ORS 164.055, appeals, challenging the trial court’s imposition of an upward departure sentence based on defendant’s “persistent involvement” in similar offenses unrelated to the current crime. See OAR 213-008-0002(l)(b)(D). He argues that the “persistent involvement” departure factor is unconstitutionally vague and, alternatively, that the evidence was insufficient to support the imposition of an upward departure sentence based on that aggravating factor. We reject both of those contentions and, consequently, affirm.

The circumstances…