|CALENDAR STATUS: Active|
|State of Oregon v. Michael Paul Lykins|
|Supreme Court Case 4|
|Neil Francis Byl on behalf of Michael Paul Lykins|
Jennifer Lloyd on behalf of the State of Oregon
Statement of Issues:
|State of Oregon v. Michael Paul Lykins (S061997) (A146498) (A146499) (appeal from Washington County Circuit Court; opinion reported at 259 Or App 475, 314 P3d 704 (2013)).|
Defendant Michael Paul Lykins has been granted review of a Court of Appeals decision that affirmed the trial court's imposition of an upward departure sentence on his conviction for tampering with a witness.
On review, the issues are:
(1) What is the definition of "victim" for purposes of the rules governing the imposition of departure sentences?
(2) Is the victim of the crime of tampering with a witness under ORS 162.285 the State of Oregon or the witness?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: