State v. Lykins
Case #: A146498
Ortega, P.J. for the Court; Haselton, C.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A146498.pdf
Sentencing: A person who suffers physical and mental harm, is manipulated, and whose short-term and long-term vulnerability to harm is increased meets the definition of a “vulnerable victim” under OAR 213-008-0002(1)(b)(B).
Defendant was convicted of several crimes including tampering with a witness, his girlfriend. Defendant had been arrested and imprisoned for assaulting his girlfriend multiple times. He eventually moved into her apartment and then broke in after she kicked him out. Each time Defendant was arrested, he tried to convince his girlfriend to lie to the police and he questioned her mental health. The trial court imposed an upward departure sentence of 48 months based on the vulnerable victim aggravating factor in OAR 213-008-0002(1)(b)(B), concluding that both the State and Defendant’s girlfriend were “victims.” Defendant appealed. Defendant’s girlfriend was a victim because she was “directly, immediately, and exclusively injured” by Defendant’s crime. In addition, she is a vulnerable victim because Defendant caused her to suffer physical and mental harm, she was distraught over Defendant’s attempts to manipulate her, and her vulnerability to harm was increased in both the short-term and long-term. The evidence established substantial and compelling reasons to justify an upward departure sentence. Affirmed.