Oregon Supreme Ct - April 23, 2015
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by: Frangieringer and Abassos • April 23, 2015 • no comments
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[http://web.archive.org/web/20150423220826/http://www.publications.ojd.state.or.us/docs/S061997.pdf State v. Lykins], 357 Or 145 (2015). | [http://web.archive.org/web/20150423220826/http://www.publications.ojd.state.or.us/docs/S061997.pdf State v. Lykins], 357 Or 145 (2015). | ||
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Latest revision as of 15:26, April 24, 2015
Witness Tampering - The Victim is the State, Not the Witness
The state is the victim in a prosecution for Witness Tampering, not the eponymous witness. Furthermore, a “vulnerable victim,” for the purposes of the aggravating factor codified by OAR 213-008-002(1)(b)(B), “has the same meaning as it has in the relevant statutory provision defining the offense for which the defendant is being sentenced.” Because the witness is not a victim for the charge of Witness Tampering, and the state of Oregon is not vulnerable, the vulnerable victim aggravating factor is inapplicable. State v. Lykins, 357 Or 145 (2015).
