State v. Ruiz

"Under circumstances manifesting extreme indifference to the value of human life" means "unconcern in a very high degree, exceeding the ordinary, that an act might cause the death of a human being." State v. Downing, 276 Ore. App. 68 (2016). By its plain text and with limited exception, OAR 213-008-0002(2) prohibits using factual aspects that serve as an element of a crime to justify a departure sentence for that crime.

Defendant appealed his convictions for first-degree manslaughter and third-degree assault, claiming the trial court wrongly denied his motions for acquittal due to insufficient evidence. He argued there was no proof he acted with “extreme indifference to the value of human life” and challenged the use of the same evidence to support both an element of assault and a sentencing enhancement. "Under circumstances manifesting extreme indifference to the value of human life" means "unconcern in a very high degree, exceeding the ordinary, that an act might cause the death of a human being." State v. Downing, 276 Ore. App. 68 (2016). The court reasoned that, by its plain text and with limited exception, OAR 213-008-0002(2) prohibits using factual aspects that serve as an element of a crime to justify a departure sentence for that crime. The court found sufficient evidence for a rational factfinder to conclude that Defendant acted with extreme indifference. The court reasoned that his extreme intoxication and reckless driving showed a disregard for the risk of causing death. The court also found that it was not clear that OAR 213-008-0002(2) prohibited using the same evidence for both purposes, so the alleged error was not plain. The court upheld the conviction and the trial court’s decision was affirmed.