State v. Lykins

Defendant appeals from a judgment of conviction that included, among others, one count of tampering with a witness, ORS 162.285, assigning error to the trial court’s imposition of an upward departure sentence of 48 months’ incarceration on that count. Defendant contends that the trial court erred in concluding that both the state and the witness were particularly vulnerable victims for purposes of applying the “vulnerable victim” aggravating factor under OAR 213-008-0002(l)(b)(B).1 Specifically, defendant argues that the state, not the witness, is the “victim” for purposes of the crime of…