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Hopkins v. Bd. of Parole & Post-Prison Supervision

Court of Appeals of Oregon
Aug 28, 2024
334 Or. App. 652 (Or. Ct. App. 2024)

Opinion

A182899

08-28-2024

DEVYN MICHAEL HOPKINS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for petitioner. Philip Thoennes, Assistant Attorney General, waived appearance for respondent.


This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Submitted July 12, 2024

Board of Parole and Post-Prison Supervision

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Matthew Blythe, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for petitioner.

Philip Thoennes, Assistant Attorney General, waived appearance for respondent.

Before Lagesen, Chief Judge, and Egan, Judge.

LAGESEN, C. J.

Petitioner seeks judicial review from a final order of the Board of Parole and Post-Prison Supervision (board). Petitioner's appointed counsel filed a brief pursuant to ORAP 5.90 and State v. Balfour, 311 Or. 434, 814 P.2d 1069 (1991). The brief does not contain a Section B. See ORAP 5.90(1)(b). We affirm.

As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge panel. See, e.g., State v. Yother, 310 Or.App. 563, 484 P.3d 1098 (2021) (deciding matter submitted through Balfour process by two-judge panel); Ballinger v. Nooth, 254 Or.App. 402, 295 P.3d 115 (2012), rev den, 353 Or. 747 (2013) (same).

After admitting to violations of the terms of his post-prison supervision (PPS), the board revoked petitioner's PPS for 180 days. The board denied petitioner's request for administrative review because petitioner did not advance any legal arguments or explain why he was requesting review. Having reviewed the record and the Balfour brief, we have identified no arguably meritorious issues.

Affirmed.


Summaries of

Hopkins v. Bd. of Parole & Post-Prison Supervision

Court of Appeals of Oregon
Aug 28, 2024
334 Or. App. 652 (Or. Ct. App. 2024)
Case details for

Hopkins v. Bd. of Parole & Post-Prison Supervision

Case Details

Full title:DEVYN MICHAEL HOPKINS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON…

Court:Court of Appeals of Oregon

Date published: Aug 28, 2024

Citations

334 Or. App. 652 (Or. Ct. App. 2024)