STATE v. LYKINS

C100530CR, D101103M, A146498 (Control), A146499.

314 P.3d 704 (2013)

259 Or. App. 475

STATE of Oregon, Plaintiff-Respondent, v. Michael Paul LYKINS, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 20, 2013.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Neil F. Byl , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and HASELTON, Chief Judge, and SERCOMBE, Judge.


ORTEGA, P.J.

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...

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