State v. Crocker

Defendant, who was convicted after a jury trial of first-degree sodomy, ORS 163.405, appeals, challenging the imposition of an upward departure sentence. He argues that the aggravating factors on which the trial court predicated the upward departure sentence — “prior criminal justice sanctions have not deterred defendant” and “defendant has a history of institutional or prison disciplinary problems” — are unconstitutionally vague. We reject those arguments and, consequently, affirm.

The circumstances material to our review are undisputed. Defendant was convicted by a jury of first-degree…