Opinion
A181952
08-28-2024
STATE OF OREGON, Plaintiff-Respondent, v. DREW DOUGLAS CLEAVER, aka Drew Cleaver, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Laura A. Frikert, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. Jennifer S. Lloyd, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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
Malheur County Circuit Court 21CR27921; Erin K. Landis, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Laura A. Frikert, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
EGAN, J.
Defendant appeals a supplemental judgment entered after a probation revocation hearing. Defendant'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).
Defendant pleaded guilty to unlawful use of a weapon, ORS 166.220. The trial court suspended imposition of sentence and placed defendant on supervised probation for a period of 24 months. Over a year later, defendant was ordered to show cause why probation should not be revoked. After a hearing, the trial court continued probation, ordered 10 days in jail with credit for time served, and ordered defendant to complete eight days of work crew.
Having reviewed the record, including the trial court file, the transcript of the probation revocation hearing, and the Balfour brief, we have identified no arguably meritorious issues.
Affirmed.