`22CR35546
`
`NOTICE OF INTENT TO SEEK UPWARD DEPARTURE
`
`State v. ~
`
`Pursuant to the rule announced in Blakely v. Washington the State hereby gives
`notice that it will seek an upward departure which exceeds the maximum p resumptive
`sentence established by the Oregon Sentencing Guidelines. At trial the State will seek a
`jury finding on the following factors supporting an upward departure.
`
`OAR criteria:
`1. Deliberate cruelty
`2. Vulnerable victim
`3. Threat of actual violence
`4. Persistent involvement unrelated to current crime
`5. Use of a weapon
`6. Violation of public/professional trust
`7. Multiple unrelated victims/incidents
`8. Organized criminal operation
`9. Permanent injury to victim
`10. Harm or loss greater than usual
`11 . Motivated by race/color/origin/sexual orientation
`
`Caselaw criteria:
`I . On supervision status at time of crime
`2. Commission of crimes on release status
`3. Failure to appear history in instant case
`4. Absolute disregard of immigration Laws
`5. Probability that defendant cannot be rehabilitated
`6. Greater use of violence than other robbery defendants
`
`Counts
`Counts ~~~~~~~~
`Counts ~~~~~~~~
`Counts
`Counts~\~)~h-, -1 -3-,-~-,-5~-:--
`Counts ~~~~~~~~
`
`Date qft/ d-4---
`
`Deputy District Attorney
`
`