Opinion
A182407
08-28-2024
STATE OF OREGON, Plaintiff-Respondent, v. LISA RACHELLE KENNEY, aka Lisa Rachelle Kennedy, aka Lisa Kenney, aka Lisa R. Kenney, aka Lisa Rachelle Kenny, aka Lisa Peck, aka Lisa Rachelle Staehle, aka Lisa Rachelle Staelhe, aka Lisa R. Vannonstern, aka Lisa Rochelle Vannost, aka Lisa Rachelle Vanostern, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Nora Coon, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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
Umatilla County Circuit Court 21CR18422; Jon S. Lieuallen, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Nora Coon, 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.
LAGESEN, C. J.
Defendant appeals a judgment revoking probation. 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 criminal driving while suspended or revoked, ORS 811.182(3), and failure to perform the duties of a driver when property is damaged, ORS 811.700. The trial court imposed a downward departure sentence of 36 months of probation and the parties stipulated that any revocation of probation would result in a prison sentence of 14 months. Defendant admitted violating the terms of her probation, and the trial court revoked probation and imposed the stipulated sentence.
Having reviewed the record, including the trial court file, the transcript of the hearings, and the Balfour brief, and taking into account our statutorily circumscribed authority to review, see ORS 138.105, we have identified no arguably meritorious issues.
Affirmed.