Opinion
A181392 A181393
07-24-2024
STATE OF OREGON, Plaintiff-Respondent, v. WILLIAM JAMES LUNDY, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Emma McDermott, Deputy Public Defender, Oregon 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 June 14, 2024
Lincoln County Circuit Court 22CR54566, 23CR00675 Sheryl Bachart, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Emma McDermott, Deputy Public Defender, Oregon 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.
EGAN, J.
In this consolidated appeal, defendant challenges judgments of conviction in Case No. 22CR54566 and Case No. 23CR00675. Defendant pleaded guilty to felony strangulation constituting domestic violence, ORS 163.187(4), assault in the fourth degree constituting domestic violence, ORS 163.160(2), and witness tampering, ORS 162.285. The trial court sentenced defendant to 38 months in prison on the strangulation conviction and a concurrent sentence of 25 months in prison for witness tampering. 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).
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.