Opinion
A180723
06-26-2024
STATE OF OREGON, Plaintiff-Respondent, v. THEODORE WALLACE DENTON, aka Ted Denton, aka Theodore W. Denton, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David O. Ferry, Deputy Public Defender, Offce of Public Defense Commission, fled 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 May 13, 2024
Clackamas County Circuit Court CR1001160; Susie L. Norby, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and David O. Ferry, Deputy Public Defender, Offce of Public Defense Commission, fled the brief for appellant.
Jennifer S. Lloyd, Assistant Attorney General, waived appearance for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
LAGESEN, C. J.
Defendant appeals from an amended judgment finding him guilty of two counts of first-degree theft, ORS 164.055 (Counts 3, 5); four counts of encouraging child sexual abuse (ECSA) in the first degree, ORS 163.684 (Counts 7, 9, 11, 13); and six counts of ECSA in the second degree, ORS 163.686 (Counts 8, 10, 12, 14, 15, 16). His 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 was convicted in 2010. In 2013, the postconviction court denied relief. In 2016, we reversed and remanded with instructions to the post-conviction court to grant relief as to the first- and second-degree ECSA counts. Denton v. Nooth, 283 Or.App. 179, 191, 388 P.3d 341 (2016). In September 2022, defendant was retried on the charges relating to first- and second-degree ECSA. The trial court found defendant guilty of those charges. Defendant was sentenced to a total prison term of approximately 80 months with credit for time served since 2010.
Having reviewed the record, including the trial court file, the arguments of counsel and the testimony of the witnesses at the September 2022 court trial, and the transcript of the sentencing hearing, and having also reviewed the Balfour brief, we have identified no arguably meritorious issues.
Affirmed.