Opinion
A181050
08-28-2024
STATE OF OREGON, Plaintiff-Respondent, v. JOSE DIAZ MADRIGAL, aka Jose Diaz Madrigal, aka Jose Diaz-Madrigal, Defendant-Appellant.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Carla Edmondson, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 on July 12, 2024.
Umatilla County Circuit Court 22CR57378 Jon S. Lieuallen, Judge.
Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Carla Edmondson, 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 judgment of conviction for assault in the fourth degree constituting domestic violence, ORS 163.160, and harassment, ORS 166.065. A jury found defendant guilty of those charges. The trial court suspended execution of defendant's jail sentence and imposed three years of formal 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(lXb). 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, the transcript of the jury trial, and the Balfour brief, we have identified no arguably meritorious issues.
Affirmed.